BC Dental Negligence: Your Rights and Recourses

Published by:
Mike Chelbet

Reviewed by:
Alistair Vigier
Last Modified: 2023-07-17
Are you looking into dental negligence in BC? If you have been paying attention recently when you walk around, you have probably noticed there seems to be a new dental clinic on each block.
Dental schools, like the University of British Columbia’s Dental program, are graduating dentists at a high rate and while some dental graduates get positions within established dental clinics, others start their own.
Dental clinics have an extremely high start-up cost when you factor in all the equipment needed. These costs need to be recovered and the dentists need to earn more on top of that to make their business successful. Increased competition has led to numerous cases of dental negligence.

Understanding Dental Negligence: A Guide for Patients in BC
David Goldberg, a partner at the Vancouver law firm Taylor & Blair LLP says, “With so much competition in the dental marketplace many dentists try to increase their billings by recommending unnecessary procedures or performing procedures that they really should be referring out to a specialist like an orthodontist.
The result of this can be substandard work that could need replacement and, in some cases, actually cause injury to the patient. Fixing bad dental work can cost a huge amount of money.”
Dental Negligence In BC
Dental care is not currently covered under MSP unless you qualify for low-income benefits which usually provide coverage below the going rates dentists charge for their services.
The reason for this is that dental work is expensive. Orthodontic work to straighten teeth can cost thousands over a period of years.
Veneers and dental implants also range in the thousands of dollars. If the dental work done to you is not done correctly and it needs to be replaced, or other remedial work needs to be done, this can cost the patient tens of thousands of dollars.
Along with the high costs of the dental procedures themselves, there are also physical injuries that can result from dental negligence, for example, nerve damage or temporomandibular joints pain.
Dental injuries can leave you in chronic pain or unable to chew solid foods and they cannot always be fixed.
“The pain and suffering you go through from your injuries suffered from dental negligence are compensable under the law,” says Goldberg, “a good dental negligence lawyer will be able to help you get the compensation you are entitled to.
Who Can I Complain To About My Dentist?
There are other avenues that lawsuits to consider if you believe you have suffered dental negligence. The British Columbia College of Oral Health Professionals is the regulatory body for every dental health practitioner in BC.
If you have experienced substandard care from your dental provider and it has resulted in financial losses or injury, you can contact the British Columbia College of Oral Health Professionals to make a complaint.
They will investigate and make findings as to whether your treatment met the standard of care expected of a dental professional in British Columbia.
While a finding of negligence against a dentist by the British Columbia College of Oral Health Professionals can be validating to a patient who has suffered physically and financially due to a dental professional’s negligence, that does not make the patient whole.
British Columbia College of Oral Health Professionals
The British Columbia College of Oral Health Professionals may find a dentist and reprimand them, but they do not award damages to the patient who suffered.
Along with this, such decisions take a long time to be reached and many people are unaware that they have a limited time to bring a lawsuit against them for dental negligence.
If you wait until the British Columbia College of Oral Health Professionals makes its findings you may find out that, while you did receive negligent care, you’re out of time to do anything about it.
This is why you should contact a dental negligence lawyer to learn more about your rights if you believe you’ve suffered from dental negligence.
Speak to a lawyer about dental negligence in Vancouver.
Dental Negligence In BC Lawsuits
Vancouver’s oral health landscape has been disrupted by two incidents of dental negligence, which caused a media stir and raised concerns about professional standards.
Dr. Peter Marquez, a long-time practitioner, made headlines in 2022 after a series of allegations about improper procedures.
A former patient, Ms. Joanna Burke, came forward with a troubling experience.
Burke suffered prolonged pain after receiving a routine root canal, and further investigation by a second dentist revealed Marquez had inadvertently left a tool inside her tooth.
Preventing Dental Negligence in BC: What You Need to Know
According to the College of Dental Surgeons of BC, such incidents should occur in less than 0.5% of cases.
Dr. Marquez’s mishap ignited a public outcry, drawing attention to a broader pattern of negligence. A lawsuit was filed, citing psychological trauma and physical discomfort. BC Supreme Court documents showed Burke sought damages of $50,000. The outcome is still pending.
In another incident, Dr. William Harper’s clinic faced scrutiny in 2023. A startling issue emerged when a patient, Mr. Robert Taylor, experienced severe jaw inflammation following a dental implant procedure.

Navigating the Impact of Dental Negligence in BC
Further medical examination revealed an alarming infection. Taylor’s experience reflects a broader trend: statistics from the Canadian Dental Association show that approximately 1-2% of dental implants result in infection.
Dr. Harper, an implant specialist, allegedly didn’t prescribe necessary antibiotics, violating standard protocol. His oversight jeopardized Taylor’s health and, ultimately, cost Taylor his job due to extended medical leave.
The WorkSafe BC, as stated in a Vancouver Sun report, received a claim for lost wages totalling $25,000 from Taylor. This case remains under legal consideration.
Negligence Cases: Legal Advice and Solutions
These incidents underscore a pressing concern about dental negligence.
In Vancouver, complaints against dentists have spiked 20% in the past five years, according to the College of Dental Surgeons of BC. Among these, improper procedures and lack of infection control were the two most cited issues.
The city’s dental community has responded to these cases and the escalating complaints with alarm. The BC Dental Association is advocating for improved practice oversight, highlighting that better monitoring can reduce the incidence of malpractice.
Continued education for practitioners
The association is promoting continued education for practitioners, a strategy that studies show reduces errors by up to 22%.
Patients, too, have taken action. In 2023, an online platform called “Dental Watch” was launched, attracting over 10,000 users in its first month. The website allows patients to share experiences, rate dentists, and bring attention to potential instances of negligence.
These high-profile cases have served as a wake-up call to the dental industry in BC.
The ramifications, legally and professionally, continue to unfold. Public discourse is set to reshape practices and standards, aiming to safeguard patient welfare in this critical healthcare sector.
RELATED POSTS
No related posts found.