Medical Error by the Dentist or Oral Surgeon: When Is Your Dentist Liable?

Dentist or oral surgeon treatment often seems like a routine job, but it can have major consequences if something goes wrong. Consider permanent nerve damage, infections, or a mistake when extracting a tooth or placing an implant. In some cases there is a medical error, and you may be entitled to compensation.

In this blog we explain when a dentist is liable, what you can do in the event of a mistake, and how you can recover your damages.

What is a medical error at the dentist?

A medical error occurs if the dentist or dental surgeon does not act as may be expected of a reasonably competent and careful healthcare provider.
This means that the dentist must work in accordance with the applicable guidelines, protocols and professional standards within dentistry.

Examples of medical errors include:

• Damaging a nerve during tooth extraction or during implant treatment.

• Placing an implant in the wrong place or too close to a nerve.

• Incorrect or insufficient anesthesia, causing permanent nerve pain.

• Leaving instrument remains or material in the jaw or tooth.

• Failure to identify or incorrectly treat an infection.

• Insufficient information or incorrect explanation about the risks of treatment.

Not every complication is immediately a mistake, but if the dentist has been negligent or has not acted with sufficient care, he can be held liable.

Dentist's obligation to provide information (informed consent)

Before a dentist or oral surgeon carries out treatment, he must inform you thoroughly about:

• the purpose of the treatment;

• the risks and possible complications;

• possible alternatives;

• the costs.

Only if you have given informed consent may the treatment be carried out.
If the dentist fails to do so and you suffer damage due to a risk about which you were not informed, there is a violation of the informed consent principle.

Read also:
👉 Informed consent: right to information and consent
👉 The medical file: inspection, copy and correction

Common mistakes made by dentists and dental surgeons

1. Nerve damage (inferior alveolar nerve or lingual nerve)
   When wisdom teeth are extracted or implants are placed, a nerve is sometimes hit.
   This can lead to permanent numbness or tingling in the lip, chin or tongue.

2. Error during root canal treatment
   If the dentist drills too deep or closes a canal incorrectly, an infection or jaw bone inflammation can occur.

3. Inadequate aftercare
   A dentist is also obliged to provide good aftercare.
   Failure to recognize inflammation or complications in time can lead to additional damage.

4. Wrong diagnosis or wrong advice
   Sometimes caries, periodontitis or jaw bone loss is diagnosed too late, resulting in permanent tooth loss.

5. Cosmetic dentistry
   Consider veneers, crowns or bleaching treatments that are performed incorrectly, resulting in aesthetic and functional damage.

Who is liable in the event of an error?

Liability depends on where and by whom the error was made:

• Independent dentist or dental surgeon: this person is personally liable.

• Dental practice or clinic: the practice is liable under Article 7:462 of the Dutch Civil Code (liability for auxiliary persons).

• Employed hospital or dental surgeon: the hospital is liable, unless there are independent treatment agreements.

The patient does not have to prove who personally made the mistake — only that the error occurred within the healthcare relationship.
The healthcare provider or institution must then demonstrate that he acted with due care.

Read also:
👉 Causal connection in medical errors
👉 Damages for medical liability

What damage can you be compensated for?

A mistake by a dentist can lead to significant costs and restrictions. You can claim compensation for both material and intangible damage.

Material damage:

• Dental restorative treatments (implants, crowns, reconstructions).

• Medical costs for additional care or pain treatment.

• Travel costs to specialists.

• Loss of income due to absenteeism due to illness.

Intangible damage (punishment):

• Pain, discomfort or persistent numbness.

• Fear of being treated again.

• Aesthetic damage (for example due to failed veneers or implants).

Read also:
👉 Penalty for medical errors

What to do if the dentist makes a mistake?

1. Ask for an explanation and have the error recorded
   Ask your dentist for a clear explanation and have the event recorded in your file.

2. Request your medical file
   So you can check what has been recorded about the treatment and any complications.

3. Have independent medical advice drawn up
   An expert can assess whether the dentist has acted culpably.

4. Hold the dentist liable through a lawyer
   This is done in writing with a formal declaration of liability to the dentist or his insurer. It's nice to know that you are not alone during this step. For example, alawyercan not only help you draw up the liability claim, but also be present during discussions with the opposing party. Thanks to good preparation, such a conversation usually goes smoothly and you can be sure that your interests are well represented.

Read also:
👉 Submit a complaint after a medical error
👉 Loss of an opportunity with medical errors

Why Arslan & Arslan Lawyers?

At Arslan & Arslan Advocatenwe regularly handle cases against dentists, dental surgeons and cosmetic dental clinics.
Our lawyers have extensive experience with medical liability and work together with specialized medical advisors.

We ensure that:

• your case is carefully investigated;

• you receive free legal assistance (we recover costs from the insurer);

• and you receive the compensation you deserve.

Have you suffered damage due to an error by your dentist or oral surgeon?

Are you unsure whether your dentist or dental surgeon has made a mistake?
Contact Arslan & Arslan Lawyers for a free assessment of your case.
We will assist you with expert legal advice and ensure that your rights are fully protected.