Do dentists in Ontario have malpractice insurance?
Every dentist in the province, through their registration with the College, has malpractice coverage for errors and omissions that might occur and cause damage to a patient while that dentist is engaging in dental practice.
What if my dentist has retired or is deceased?
There is coverage for former members of the College for errors and omissions that occurred while the dentist was registered to practise in Ontario. This includes members who have retired or are now deceased. They are not required to retain their membership in the College to access this coverage.
Why does the College, as the regulatory authority, provide insurance coverage to its members?
The College believes that ensuring that all dentists who lawfully practise in Ontario have errors and omissions insurance coverage protects both dentist and patient.
Who is covered by this errors and omissions insurance?
It is the dentist who is covered. Patients cannot directly access the insurance. The insurance coverage gives the dentist a right to call upon the insurance provider to both defend him or her, and to pay any award that a court may make against the dentist, provided the claim is one that is covered by the policy.
What do I, as a patient, do if I believe that I have been damaged by the negligent act of one of the College’s members?
You would be best to consult with a lawyer. If you choose not to, but wish to assert a claim on your own behalf, you should write directly to the dentist and advise him or her of your claim. Then the dentist can give notice to the insurer of the existence of the claim.
Can I get in touch with the College directly and let them handle it on my behalf?
No, that is not possible. Writing or contacting the College directly to advise us of your claim is not considered notice under the dentist’s malpractice insurance policy, and will not cause the insurer to respond to you.
Is there is time limit in bringing a claim?
As with most legal claims, there is a limitation period associated with any Ontario civil suit or action arising out of the alleged negligence or malpractice of a dentist.
What is this limitation period?
The limitation period requires a patient to commence the action within two years after the date when the person commencing the action knew or ought to have known the fact or facts upon which the negligence or malpractice is alleged.
What happens if an action is not started before the expiry of the limitation period?
If you do not commence an action before the limitation expires, you may find yourself in a position where the dentist has a complete defence to the action based solely on your failure to proceed in a timely fashion.
Is it enough for me to write to the dentist advising him or her of my claim?
The mere fact that you wrote to the dentist advising him or her of your claim is not considered commencement of an action. Only the actual commencement of the action in an Ontario court will stop the limitation period from running.
I still have questions. What should I do?
The College strongly urges you to obtain independent legal advice if you have any questions about your right to sue a dentist.