A mistake during dental treatment can have lasting consequences. Faced with issues like ongoing pain, medical complications, poorly fitting dentures, or the incorrect removal of a tooth, many people wonder how to file a complaint against a dentist or dental clinic in Quebec. The process is governed by strict rules, specifically outlined by the Ordre des dentistes du Québec. Before you take any action, make sure you understand what the dentist is responsible for, what options you have, and how the complaint process works. Our dental malpractice lawyers are here to explain everything you need to know.
What is a dentist’s professional liability?
Dentists are obligated to provide care that meets the accepted standards of their profession and demonstrates the expected level of skill and expertise. It’s not about promising perfect outcomes; rather, dentists are bound to provide treatment that demonstrates sound judgment, consistent effort, and professional expertise. A dentist is subject to liability only when a patient’s injury stems from an error in clinical judgment, an act of negligence, or a violation of their professional obligations.
For a dentist to be liable, you must be able to prove there is a link between the dentist’s wrongful act and the physical, psychological or financial consequences for the patient. For example, instances like improperly given anesthesia, an unnecessary procedure, poorly managed infections, or incorrect diagnoses could be deemed the dentist’s fault if their actions fell below the standard of care expected from a reasonably competent dentist.
What are a dentist’s ethical obligations?
Like doctors who have their own Code of Ethics, dentists practicing in Quebec are governed by the Code of ethics of dentists. They must respect a number of professional obligations, including :
- Respect for the patient’s free and informed consent prior to any treatment;
- Transparency in explaining risks, costs and proposed treatments;
- Professional independence, which means that dentists must not let their own financial interests take precedence over the well-being of their patients;
- The duty of care, meaning they must act without undue delay when a patient’s condition requires immediate attention;
- Respect for patient confidentiality.
Any breach of these rules may be the subject of a complaint to the Ordre des dentistes du Québec.
Possible types of error
Dentists’ alleged errors can range in terms of severity and impact on the patient. The most common types of complaints include:
- Incorrect diagnosis
- Inadequate dental care
- Untreated pain
- Preventable complications
- Lack of consent
- Improper or erroneous billing
- Poor quality of services
Each situation must be assessed individually. A lawyer can help clarify whether the dentist’s conduct strayed from what is considered professionally acceptable.
Claiming compensation and formal notice
Many people would prefer to claim compensation for financial or physical injury without having to lodge a formal complaint. This can be done by sending a formal notice to the dentist. This legal document clearly sets out the facts, the alleged faults and the compensation requested.
A well-written formal notice may be all that’s needed to reach an out-of-court settlement in the form of reimbursement of costs, assumption of responsibility for new treatment free of charge, or compensation for pain and inconvenience. If the dentist agrees to acknowledge their wrongdoing, there is often no need for further action.
However, if the dentist denies the facts or refuses to come to an agreement, it is possible to consider submitting a formal complaint to the appropriate authorities.
File a complaint if no amicable solution is found
When no amicable, out-of-court solution is possible, you will need to file a malpractice complaint with the Ordre des dentistes du Québec. This official complaint must be made in writing and contain all relevant facts, including a list of the dentist’s actions, the dates of all relevant events, formal records (invoices, exchanges, photos, etc.) and a clear description of the harm suffered.
When should you lodge a complaint?
It’s best to act quickly once the damage has been discovered. Although there is no strict legal time limit for filing a complaint with the professional order in question, prescription periods may apply for legal actions or civil remedies. You must also allow time for the file to be analyzed.
Steps in handling a complaint
- First, the complaint is filed with the Syndic of the Ordre, the officer responsible for investigating complaints against dentists and making recommendations to the Disciplinary Council. The Syndic will analyse the facts and may request additional information.
- Investigation: If the details suggest a serious issue, a formal investigation is typically launched. The dentist may be contacted and asked to give their side of the story.
- Summons and decision by the Syndic: If the complaint is well-founded, it may be referred to the Disciplinary Council. If it is deemed unfounded, the complainant is informed and can contest the decision before an independent committee.
- Disciplinary hearing: If the matter is referred to the Council, a public hearing is held. The dentist may be sanctioned (warning, fine, suspension, striking off the roll).
Please note: this process does not award financial compensation. Its sole purpose is to sanction the dentist if a breach of ethics is established. To obtain compensation, it may be necessary to take civil action against a dentist before the courts, sometimes in parallel with a complaint.
Legal action for compensation
Filing a complaint with the Ordre does not entitle you to financial compensation. To obtain compensation, you must take civil action.
You have two options:
- Small Claims Court, for amounts of $15,000 or less.
- Superior Court, for larger or more complex claims.
You’ll need to prove that the dentist was at fault, that the injury was real, and that there’s a link between the two. Medical expertise is often required to support the case. A lawyer can help you build a solid case and defend your interests.
Challenging fees
When a dispute relates solely to the amount of fees invoiced, you can take a different approach. Patients have the option to ask the Syndic to review fees through a separate process to determine if the charges are reasonable, excessive, or inconsistent with any prior agreements.
Medlégal can help you file a complaint against a dentist
Filing a complaint against a healthcare establishment or, more specifically, against a dentist in Quebec, is a regulated process that requires rigor and solid proof. Between the formal notice, the complaint to the Ordre, the deadlines to be respected and the various possible recourse for compensation, it can be difficult to know where to start.
Medlégal offers comprehensive expertise in health law to support patients who have been the victims of medical errors. Our lawyers can analyze your situation, draft a formal notice, initiate a disciplinary complaint, or file a civil action for compensation. Don’t wait for the situation to get worse: contact Medlégal for effective representation and to assert your rights.
