Comprehensive Legal Services for Dental Professionals

At Chand & Co., we offer the following services for both dentists and oral surgeons:

• Responding to complaints and investigations by the Royal College of Dental Surgeons of Ontario (RCDSO).
• Representing dentists in hearings before the RCDSO Discipline Committee or Fitness to Practice Committee.
• Representing dentists in hearings and reviews of Registration Committee decisions before Health Professions Appeal and Review Board.
• Assisting with registration applications and written submissions to the Registration Committee.
• Supporting dentists with internal and Ministry-compliant audits to help prevent future disputes.
• Advising on workplace disputes, including accommodation requests, employment contracts, severance packages, wrongful dismissal claims, and investigations.
• Advising on compliance with the Regulated Health Professions Act, Dentistry Act, and other relevant legislation and regulations.
• Providing guidance on other regulatory issues, including professional practice, record-keeping, malpractice, privacy, confidentiality, and reporting obligations.

RCDSO Complaints and Investigations

Chand & Co has a number of professional regulation and discipline lawyers, who help both dentists and oral surgeons with regard to complaints at the RCDSO. Complaints can be made by patients, staff, other dental professionals, and even members of the public who are not patients, and may be reviewed by the discipline committee .

At our firm, we value every complaint without prejudice and treat each complaint equally. We understand that any decision by the RCDSO could have a lasting impact on a professional’s practice and career.

How Will Your Complaint Be Investigated?

1. We will reach out to you to verify the specific issues you would like us to examine.
2. Your complaint will be communicated to the dentist, and upon receipt, a copy will be sent to them. An investigator will collect pertinent information, which may include interviewing relevant witnesses such as dental hygienists, other dentists, dental clinic personnel, and any family or friends who possess information regarding your dental care.
3. The investigator will typically request a copy of your dental records along with other relevant documents. The aim of this investigation is to ascertain the facts surrounding your concerns in an impartial and objective manner.
4. The dentist will be afforded the opportunity to respond to your complaint. Your identity, concerns, and the information gathered by the investigator will be disclosed to the dentist. Please note that the College does not accept complaints submitted anonymously.
5. Subsequently, the investigator will present the findings to the Inquiries, Complaints, and Reports Committee (“ICRC“). The ICRC may request additional information from the investigator. If sufficient information is available, the ICRC will address your complaint. The following list outlines the actions it may take. Both you and the dentist will receive a copy of the ICRC’s decision along with the rationale behind it.

How Will the ICRC Deal With Your Complaint?

The ICRC has the discretion to pursue additional actions. Should it choose to proceed, it may implement any of the following measures aimed at enhancing the dentist’s practice, conduct, or competence, as well as safeguarding the public:

• Provide guidance or recommendations to the dentist
• Request the dentist to engage in a voluntary remedial agreement
• Mandate the dentist to complete courses or other educational remediation
• Issue a formal warning
• Reach an agreement with the dentist, referred to as an “undertaking,” regarding improvements or limitations to their practice
• Refer the concerns regarding the dentist to the College’s Discipline Committee

What Is RCDSO?

The Royal College of Dental Surgeons of Ontario (“RCDSO“) is the regulatory agency for dentists and oral surgeons in the province of Ontario. The purpose of this regulatory body is to set educational standards, produce guidance and standards of practice, and provide a complaints and investigation process for the public.

The Royal College of Dental Surgeons of Ontario (RCDSO) is among the 26 health regulatory colleges operating within the province of Ontario.

The College’s responsibilities include:

• Ensuring that the public receives safe, fair, and competent oral health care by offering leadership in the regulation of the dental profession.
• Holding registered dentists accountable for their professional conduct and practice through established complaint and investigation procedures.
• Establishing the educational and other qualifications required for registration as a dentist.
• Formulating professional and ethical standards and guidelines.

How to Respond to a Complaint to the RCDSO

When a dentist or oral surgeon receives notice of a complaint or disciplinary proceedings under the RCDSO, they will be provided with a copy of the complaint and given thirty (30) days to provide written submissions to the Inquiries, Complaints, and Reports Committee (“ICRC“). A dentist’s written response to a complaint is extremely important – it is their opportunity to respond to the allegations against them. The purpose of retaining legal counsel for such a response is to ensure that their written submissions are fulsome and address all required areas.

Common Dental Malpractice Claims

Even the most diligent and experienced professionals can face a dental malpractice claim. At Chand & Co., we assist dentists, oral surgeons, and dental clinic owners in identifying areas of risk and defending against civil or regulatory actions arising from alleged malpractice.

Below are the most common types of dental malpractice claims we encounter in Ontario:

1) Nerve Damage

• Allegations of temporary or permanent nerve damage, often involving the lingual or inferior alveolar nerves, are among the most frequent malpractice claims in oral surgery and complex extractions. These typically arise from:
  • Wisdom teeth removal
  • Implant placement
  • Local anesthetic administration
• Failure to warn patients about potential risks may also lead to allegations of inadequate informed consent.

2) Failure to Diagnose or Misdiagnose

• Dentists have a duty to identify and address conditions such as oral cancer, infections, periodontal disease, or abscesses. A delayed or incorrect diagnosis can result in negligence claims, particularly when the delay causes avoidable harm or more invasive treatment.

3) Improper Performance

• Malpractice claims often stem from errors during routine procedures, including:
  • Root canal therapy
  • Crown or bridge placement
  • Extractions and implant surgeries
• These may involve allegations of substandard technique, use of outdated equipment, or failure to meet the standard of care.

4) Post-Treatment Infections

• While some infections are unavoidable, claims may arise if proper sterilization protocols were not followed or if the infection was poorly managed.

5) Informed Consent Issues

• A cornerstone of dental care is informed consent. If patients are not properly informed of the risks, benefits, or alternatives to treatment, they may pursue claims, even if the procedure was technically successful.

6) Wrongful or Unnecessary Treatment

• Performing treatment that is not medically necessary or billing for services not rendered can lead to both malpractice claims and regulatory complaints. This may also prompt insurance audits or investigations by the RCDSO.

When to Consult a Dentist Defence Lawyer

Dentist lawyers provide essential legal protection for dentists facing allegations of misconduct in any dental procedure . They offer comprehensive defence strategies in a variety of cases, including:

Record Keeping: Inadequate or erroneous dental records can lead to serious consequences for dentists and are considered professional misconduct by the RCDSO. Dentists must maintain thorough records of a patient’s dental history, diagnoses, and treatments. In instances of discrepancies, dentist lawyers are engaged to offer legal guidance.

Consent to Treatment: Dentists are legally required to obtain informed consent from patients for all dental procedures. This consent must be meticulously documented, comprehensive, relevant to the specific treatment, and provided voluntarily. In the absence of proper documentation, dentists may be held liable for any claims initiated by patients.

Standard of Care: Patients may bring forward complaints if they believe the care received was substandard. Allegations related to the standard of care can involve overtreatment, aggressive treatment plans, unnecessary pain, or failure to inform patients of their condition. The dental lawyers at Chand & Co., operating out of Toronto and serving dental clinics throughout Ontario, are well-equipped to help defend against such claims and navigate the regulatory findings that may arise .

Malpractice: Dental malpractice claims arise from procedures that cause harm due to negligence, misdiagnosis, or improper treatment. These are among the most serious legal issues a dentist can face. The experienced team at Chand & Co. offers the expertise and resources assisting dentists to build a strong defence against malpractice allegations.

How Our Dental Malpractice Lawyers Can Help

Our team of defence dental counsel works closely with dentists on a wide range of regulatory matters, including:

• Assisting with patient complaints at the Royal College of Dental Surgeons of Ontario, including defending dentists during disciplinary hearings and inquiries from the RCDSO Quality Assurance Committee (“QAC”).
• Advocating for dentists in the RCDSO Alternative Dispute Resolution (“ADR”) process and representing them in appeals before the Health Professions Appeal and Review Board (“HPARB”), particularly decisions made by the Inquiries, Complaints, and Reports Committee (“ICRC”).
• Advising on issues related to standards of practice, billing, insurance, privacy breaches, and public health investigations.
• Supporting dentists required to complete educational undertakings, including Specified Continuing Education or Remediation Programs (“SCERP”).
• Representing dentists in disputes regarding insurance delisting.
• Assisting dentists with registration and licensing issues at the RCDSO, including support for foreign-trained dentists.
• Helping report historical matters to the RCDSO, including past criminal charges and convictions.
• Advising dentists on employment, business, and contractual matters related to their staff or other dental professionals, including the drafting and review of dental employment and associate agreements.