Our Experience

Donich Law defends dentists and other healthcare professionals in Ontario who are accused of professional misconduct or other actions that might violate their regulatory College’s policies. Such allegations of misconduct might encompass failure to keep accurate and up-to-date records, false advertising, charging excessively and unreasonably high fees, noncompliance with regulatory authorities, and other unethical or inappropriate behaviours. Given the rise of social media use, this has paved the way for misconduct and allegations involving inappropriate social media use. There is also the chance to be falsely accused of conduct that goes against the College’s policies.

In 2020, the Firm defended a dentist accused of making inappropriate comments and inappropriate physical contact with an assistant at his dental practice in Case No. 19*****5. The assistant made a complaint to the College alleging that the dentist had created a hostile work environment for her. The Firm carefully analysed the complainant’s statement and collected evidence of its own to show an ongoing, combative relationship between the complainant and the dentist. The Firm was able to prove that the complainant had fabricated the allegations after a disagreement with the dentist. The Firm provided proof of same to the College, successfully challenging the complainant’s allegations. The College ultimately dismissed the file without taking action against the client.

In 2021, the Firm represented a dentist accused of committing insurance fraud in her practice in the case of Case No. 21*****4. Specifically, the insurance company alleged that the dental clinic and specifically the dentist had over billed the insurance company for more than $50,000. The insurance company demanded repayment of the entire amount, threatened to delist the dental clinic, and reported the matter to the dental College. The Firm carefully analysed all impugned claims, challenging the insurance company’s allegations. After roughly two years, the Firm successfully resolved the matter without criminal charges being laid, and without any restrictions on the client’s ability to practice as a dentist.

In 2022, the Firm defended a dentist accused of causing physical harm to a patient during a treatment in the case of Case No. 24*****3. The College received a complaint from a patient regarding a procedure carried out by the dentist and launched an investigation into the dentist’s practice. Specifically, the complainant alleged that she had attended the dental clinic to seek treatment for a cavity that had developed in her molars. The dentist filled the cavities successfully and provided the patient with after care instructions, including avoiding eating or biting down on the teeth for several hours. The patient was further informed that she should contact the dental office right away if there were any issues. The patient ultimately had a bite issue with the filled teeth and reported the matter to the College, indicating issues with the dental work she received. The Firm gathered information on the patient and procedure which demonstrated that the dentist had offered to look at and adjust the filling at no cost to the patient. The Firm presented evidence to the College that the patient had refused without reason and instead reported the matter to the College. Due to the nature of the dental work, adjustments are sometimes required, adding important context to the matter. The Firm presented this evidence and information to the College who ultimately dismissed the file without a finding of professional misconduct for the client.

Who oversees the dentistry profession?

Each province in Canada governs its own dental professionals to maintain uniform standards throughout the province and to advance the goal of upholding public safety. In Ontario, the Royal College of Dental Surgeons of Ontario (RCDSO) regulates dental practice. The RCDSO’s power is derived from the Dentistry Act 1991 and the Regulated Health Professions Act, 1991. These two acts set forth the framework for regulating dental practice in the province.

The Dentistry Act, 1991 mandates dentists to get sufficient education from approved dental institutions and engage in ongoing professional development. Dentists must comply with established professional standards, which include complying with ethical norms, maintaining competency through continued education, and implementing best practices in patient care. This guarantees that dentists are adequately prepared to give high-quality care to their patients.

The Act sets out specific conditions for licensing, which include completing specialty and academic training programs recognized by the RCDSO. Dentists must pass a series of examinations to demonstrate their knowledge and skills before being granted a license to practice. This rigorous process ensures that only qualified individuals are allowed to practice dentistry in Ontario.

Furthermore, the Dentistry Act, 1991 sets out 61 instances of conduct that would be deemed professional misconduct. These acts cover a wide range of behaviours and practices, such as providing unnecessary treatments (that the dentist knows or ought to know are unnecessary), failing to obtain informed consent, misrepresenting qualifications, and engaging in fraudulent billing practices. The RCDSO investigates complaints and disciplines dentists that are found to have committed professional misconduct. This ultimately helps to ensure accountability and protect the public. This robust regulatory framework helps to uphold high standards within the profession.

In addition to the regulatory oversight provided by the RCDSO, dentists in Ontario are also mandated by law to participate in quality assurance programs and/or educational/remediation programs. These programs can encompass peer assessments, continuing education requirements, and practice evaluations. The purpose of these programs is to ensure that dental professionals remain up-to-date with advancements in the dental field and related technology. By staying current, dentists can continue to provide the best possible care to their patients.

These thorough regulatory measures assist the RCDSO in upholding the high standards and expectations of the dental profession in Ontario. This helps to ensure that dentists offer high-quality care and maintain public trust, while preventing harm to the public. Through diligent oversight and continuous professional development, the RCDSO plays a highly significant role in safeguarding the integrity of dental practice in Ontario.

Professional Regulation in Canada

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How does Filing a Complaint Work?

When a complaint is filed, it must include a detailed statement, the names of involved parties, and contact information. Common malpractice claims include unnecessary treatments, failure to diagnose, surgical errors, and complications from procedures. The RCDSO’s Inquiries, Complaints, and Reports Committee reviews these complaints, allowing the dentist to respond and present evidence to support their case.

The Committee has a number of options upon finding professional misconduct: suspending or revoking the dentist’s license, imposing conditions, or issuing fines. Notably, they cannot award monetary damages to patients; this requires a separate civil lawsuit.

Do I need a lawyer?

When confronted with a complaint, it is important to seek legal representation prompty. Even if the allegations seem to be blatantly unfounded and untrue, it is best to ensure that you have a strong factual and legal defence prepared. Defence strategies often involve demonstrating that the dentist has conformed to the standard of care as stipulated by the College. Additionally, the Royal College of Dental Surgeons of Ontario (RCDSO) provides an Alternative Dispute Resolution (ADR) mechanism for less serious issues. This resolution method allows for mediated settlements with the assistance of a neutral facilitator, with the goal of resolving disputes more quickly and affordably than official proceedings.

Understanding Workplace Investigations

What is Alternative Dispute Resolution (ADR)?

The ADR method is voluntary and aims to resolve conflicts more efficiently and affordably than formal proceedings. If a settlement is not reached through ADR, the case is returned to the official complaint procedure. This procedure aids in the rapid resolution of concerns and may avoid small arguments from escalating into more serious disciplinary measures.

In short, Donich Law offers comprehensive defence services to dental practitioners who face regulatory problems. We ensure that healthcare professionals are fairly represented and have the opportunity to achieve the best legal and professional outcomes. Our firm has a successful track record in criminal defence, pretrial mediation, and litigation, frequently resolving matters without official disciplinary action. We have successfully defended a diverse group of professionals, including doctors, nurses, accountants, teachers, veterinarians, and others. We assist professionals in navigating challenging and difficult regulatory situations, while also protecting their careers and reputations with competent legal support.

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Recent Law

A.C. v. J.W., 2016 CanLII 101547 (ON HPARB)

The Health Professions Appeal and Review Board (HPARB) reviewed a complaint against Dr. A.C., a dentist, regarding the timely provision of patient records after his dental clinic closed. The respondents, J.W. and M.W., were former clients who experienced difficulty obtaining their dental records following the clinic’s sudden closure.

Dr. A.C. explained that his clinic’s computer, which contained patient records, was seized by a bailiff during the clinic’s closure, and he was away on a trip, complicating his ability to provide the records promptly. Despite these challenges, he eventually accessed the records and provided them to the College of Dental Surgeons of Ontario (the College).

The College’s Inquiries, Complaints and Reports Committee investigated and found that Dr. A.C.’s record-keeping practices were inadequate and required remediation. The Committee advised Dr. A.C. on professional conduct and ordered him to complete a specified continuing education course that teaches him proper protocols regarding record-keeping and practice management, to be monitored for compliance for 24 months at his expense.

Dr. A.C. requested a review of the decision, arguing that he complied with his professional obligations and that the Committee’s decision was unfair. However, the HPARB confirmed the Committee’s decision, finding the investigation adequate and the decision reasonable based on the evidence. This shows us the importance of proper record-keeping and professional responsibility as a way to uphold public trust in the dental profession.

Chaban v. Royal College of Dental Surgeons of Ontario, 2024 ONSC 1075

Dr. P.C. applied for judicial review to quash the June 7, 2023 decision of the Inquiries, Complaints and Reports Committee of the Royal College of Dental Surgeons of Ontario. The Committee had ordered him to complete a continuing education program and receive a verbal caution due to his conduct on TikTok.

Dr. P.C., a dentist, posted two brief TikTok videos in December 2022, which a member of the public found inappropriate and reported to the College. The videos included sexual references, one filmed in his dental office and another making a reference to an oral exam.

The College conducted an inquiry and discovered that Dr. P.C.’s recordings were unprofessional, sexualized, and connected to his dentistry practice. This violated the College’s standards regarding inappropriate social media use and the prevention of sexual abuse. Dr. P.C. originally defended his behaviour, but then accepted the inappropriateness of the films, halted his TikTok activities, removed the videos, and stated his desire to comply with the Committee’s orders.

In the end, the Court found that the Committee’s decision was reasonable. They considered the videos’ impact on public confidence in the dental profession and Dr. P.C. lack of initial insight into his professional standards and expectations. The Court dismissed Dr. P.C.’s appeal, upheld the Committee’s decision. As a penalty, the Court ordered him to pay $7,500 to the College.

About the Author

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Jordan Donich

Jordan Donich has been a Lawyer for over 10 years and is a trusted legal analyst by Canadian Media. He is as a leader in Canada’s tech sector for lawyers and developer of Law Newbie. Jordan is a Black Belt with the Japan Karate Association and trained in Krav Maga. He won a Gold Medal at 2004 Canadian National Championships and was published in the National Newspaper Awards.

Jordan has been featured in Forbes and is a member of DMZ Angels in Toronto.