Dental malpractice claim
A claim for injury caused by negligent dental or oral surgery treatment.
What is included
- Obtains and reviews the complete medical records
- Retains independent doctors to review the care given and what caused the harm
- Explains the process and the particular challenges of medical negligence claims
- Starts and runs the lawsuit against the doctors, hospital or other providers
- Assists with a complaint to a regulatory college where appropriate
What is not included
- Medical reports, records and other disbursements, unless the lawyer's retainer says otherwise
- Appeals or separate claims, unless the lawyer agrees to them in writing
- Any costs award against you, unless the lawyer's retainer covers it
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Patients harmed during medical, dental or hospital care
- Families of a patient who died or was seriously injured
- Parents of a child injured at birth
Information to have ready
- 1Names of the doctors, hospitals and clinics involved
- 2Dates of treatment and what you were told
- 3Any records, test results or letters you already have
- 4Information about your health before and after
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
The lawyer usually charges a percentage of what is recovered, agreed in writing before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Why do medical negligence claims need independent medical opinions?
The court usually needs evidence from qualified doctors about the standard of care, whether it was met and whether a breach caused the harm. The lawyer arranges these reviews.
Is a complaint to a regulatory college the same as a lawsuit?
No. A college complaint looks at the professional's conduct and does not award compensation. A lawsuit seeks compensation for your losses, and the two can proceed separately.
Will my case go to trial?
Many claims settle before trial, but some do not. The lawyer explains the options, and the decision whether to accept a settlement is yours.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No settlement amount or result can be guaranteed
- Missing a limitation period or notice deadline can end a claim
- Keep following your doctors' advice and keep records of treatment and expenses
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