Medical error by the dentist or oral surgeon: when is your dentist liable?

A dental or oral surgery treatment often seems like a routine procedure, but it can have serious consequences if something goes wrong. Think of permanent nerve damage, infections, or an error during the extraction of a molar or the placement of 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 an error, and how you can recover your damages.

What is a medical error at the dentist?

There is a medical error if the dentist or oral surgeon does not act as may be expected of a reasonably competent and careful healthcare provider.
That means the dentist must work in accordance with the applicable guidelines, protocols, and the professional standard within dentistry.

Examples of medical errors include:

• Damaging a nerve during the extraction of a molar or during an implant treatment.

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

• Incorrect or inadequate anesthesia, resulting in permanent nerve pain.

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

• Failing to detect or improperly treating an infection.

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

Not every complication is necessarily a mistake, but when the dentist has been negligent or has acted with insufficient care, he can be held liable.

Dentist’s duty to inform (informed consent)

Before a dentist or oral surgeon performs a treatment, he must properly inform you about:

• the purpose of the treatment;

• the risks and possible complications;

• possible alternatives;

• the costs.

Only once your informed consent has been given, the treatment may be carried out.
If the dentist fails to do this and you suffer harm due to a risk about which you were not informed, this constitutes a violation of the informed consent-principle.

See also:
👉 Informed consent: right to information and consent
👉 The medical record: access, copy, and correction

Common errors made by dentists and oral and maxillofacial surgeons

1. Nerve injury (inferior alveolar nerve or lingual nerve)
   When extracting wisdom teeth or placing implants, a nerve is sometimes injured.
   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 seals a canal incorrectly, an infection or jawbone inflammation can develop.

3. Insufficient aftercare
   A dentist is also required to provide proper aftercare.
   Failing to recognize infections or complications in time can lead to additional damage.

4. Incorrect diagnosis or wrong advice
   Sometimes caries, periodontitis, or jawbone loss is diagnosed too late, resulting in permanent tooth loss.

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

Who is liable in case of an error?

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

• Self-employed dentist or oral surgeon: this person is personally liable.

• Dental practice or clinic: the practice is liable under article 7:462 BW (liability for auxiliary persons).

• Hospital or employed oral and maxillofacial 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 mistake arose within the care relationship.
The healthcare provider or institution must then demonstrate that they acted with due care.

Read also:
👉 Causation in medical errors
👉 Compensation for medical liability

What damages can you be compensated for?

A dentist’s mistake can lead to considerable costs and limitations. You may be entitled to compensation for both material and non-material damage.

Material damage:

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

• Medical expenses for additional care or pain treatment.

• Travel expenses to specialists.

• Loss of income due to sick leave.

Non-material damages (pain and suffering):

• Pain, discomfort, or permanent numbness.

• Fear of undergoing treatment again.

• Aesthetic damage (for example, in failed veneers or implants).

Read also:
👉 Pain and suffering compensation for medical errors

What to do if the dentist makes a mistake?

1. Ask for an explanation and have the mistake documented
   Ask your dentist for a clear explanation and have the incident recorded in your file.

2. Request your medical record
   This allows you to check what has been recorded about the treatment and any complications.

3. Obtain an independent medical opinion
   An expert can assess whether the dentist is at fault.

4. Hold the dentist liable through a lawyer
   This is done in writing with a formal notice of liability to the dentist or their insurer.

Read also:
👉 File a complaint after a medical error
👉 Loss of a chance in medical errors

Why Arslan Advocaten Attorneys?

At Arslan & Arslan Attorneys we regularly handle cases against dentists, oral and maxillofacial surgeons, and cosmetic dental clinics.
Our attorneys 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 the costs from the insurer);

• and you receive the compensation you deserve.

Have you suffered harm due to a mistake by your dentist or oral surgeon?

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

Related Legal Services

• Learn more about Personal Injury
• Learn more about Insurance Law