There is no guarantee for bad workmanship?

2. October 2009  
Filed in Complaints


I have a question regarding a broken tooth due. a root canal treatment. Now I can see in one of your replies that there is no guarantee for root canal treatment??
I got in the month of march made a root canal, and it looked fine, said the dentist, but now there broken a piece of the tooth and the treatment is also broken, as I can shake with the other side of the tooth. This must be bad craft, and must be able to be covered by a warranty??
I look forward to hearing from you.



Dear Henry Wadsworth,

First I will say that your tooth is not necessarily broken just because it has been rodbehandlet. There are several reasons why a tooth gets rodbehandlet, and often there is not much left of a tooth when there is rodbehandlet. It sounds as if your tooth is broken, and it is something that can happen. When the dentist looks at the quality of a root canal, he will look at the rodfyldningen, ie. he replaces tandnerven with, it's close. And that is what he mean by that it looks fine. To the tooth ruptures has not necessarily something with poor craft to make, but is a quite common complication, which in some cases can happen.

You are not covered by any form of warranty at the dentist. But think that has been a model of a Danish dentist, have the opportunity to complain about the treatment. You can read more about how to complain about a dentist here.

You can also apply for compensation from the Tandlægeforeningens Patientforsikring. You can read more about compensation for malpractice here.

Hope you can use my answer.

With kind regards

Dentist Joan Olsen™ – the Road to healthier teeth

Questions answered by the dentist can be posted on the portal in anonymous form. However, we can not guarantee answers to all the questions and answers from the dentist can never replace dialogue or consultation with a private doctor. A reply through the letterbox must be seen as informational material.

Terms of use:

Complaint against the dentist or dental treatment

Private practice dentists in Denmark has approx. 8 million. patientkontakter annually. And the vast majority of dental treatments carried out without problems. In some cases there arises, however, problems, which the patient then may have a wish to complain about.

Try to solve the problem with the dentist first
It is a very good idea to try to talk with the dentist about the problem, before you decide to complain. Many of the problems can be resolved in an amicable way in the community, and the solution is the most preferable for both parties. It is in no way a requirement, that one must first try to resolve the issue with the dentist. But it is a good option, as you should test in the first place.

The difference between professional and non-professional
Instead of professional malpractice, there may also be disagreement between the dentist and the patient, whether it was the agreed treatment was carried out, arise disagreement about the price of the treatment, or in any other way arise a dispute between a dentist and a patient who did not have any with the professional treatment to make.

This guide deals primarily with the circumstances in which a patient wishes to make a complaint about the professional part of the treatment from a dentist.

Difference between public servant and private practice dentist
It can in worst case be a very distressing affair, if a dentist has treated you wrong. Not least for the wallet, as there is generally not any guarantee for the work you've got done at the dentist.
But where should you go if you are of the opinion that the dentist has a model you? It depends in the first place, whether you have received treatment by a private practice dentist, or the dentist is public servant.

Complain about public dentists
If you feel a model of a dentist at a public clinic, or a hospital, then you must within two years, send a written complaint to the Health service Patientklagenævn.
It applies to all complaints of public servants, dentists, dental hygienists, dental technicians, and dentists who have not entered into an agreement with the Regions, Wage - and Takstnævn (ex. The health insurance).

At Patientklagenævnet you get a consumer complaint form that you must complete. You can read more about on the Patientklagenævnets website.

On this page you will find all the necessary contact information, if you will a complaint about a dental treatment.

If you are under 18 years of age
Are you under the age of 18 years, you must always complain to the Health Patientklagenævn. Here you get a consumer complaint form provided, that you must complete. You can read more on Patientklagenævnets website.

Here you will find relevant contact information in connection with the complaints against dentists, dental hygienists or dental technicians.

Complaint about private dentist
If you have a complaint about a private dentist, hygienist, or dental technician, who has an agreement with the Regional Wage and Takstnævn (ex. The health insurance), you can follow this guide which provide information on the klageforløbet.

The complaint must be sent to the region
Do you want to complain about a private dentist, you should submit your complaint to the region you live in. You can also send your complaint to the health service in your municipality, or your dentist's kredsforening. But no matter which of the above options you use, your complaint will be forwarded to the region you live in, as the complaint proceedings are administered by the regions.

It is free to complain about the dentist
It costs nothing to complaint about a private dentist. And there is also no lower limit for the amount, the complaint shall apply.

You must pay for the treatment, even if you complain
The appeal has no bearing on your obligation for the treatment. Payment may, however, require deposited in the region before the complaint is processed.

There is a difference on the complaint by the complaints of the professional treatment, and complaints about other matters. If there is talk on other matters than the professional part of the treatment. It may, for example. be, if you believe that you have got a treatment or service you have requested or to the price of the treatment is different from the agreed price with the dentist. So you have a deadline of six weeks after you have become familiar with the relationship.

For the professional part of the treatment, which applies both to the study as the treatment, you have a deadline of two years after that you are – or should be – aware of the problem. The complaint shall also be filed no later than five years after the day on which the klageforholdet took place.

What the complaint should contain
The complaint must be in writing and dated. Thus, there is no doubt about what you are complaining about, and when you complain. In addition, should your complaint include the following information:

The dentist who complained of;
what is complained of;
when it is gone;
what in your opinion is agreed (if there is a violation of this agreement);
what you want to achieve with the complaint

In order to achieve a faster processing, you should also enclose a copy of the bills and other relevant information about the dental treatment you are complaining about.

Many of the regions have a form for use in appeals. So you should first contact your region for further information, or if you want help and guidance to formulate the complaint.

The complaint will be dealt with in the region
The complaint will be dealt with in the region, where the dentist, as your complaint include, clinic. As the first your complaint will be dealt with by a Visitationsudvalg, which assesses what type of complaint it is. The committee can choose to reject the complaint, with the same as unfounded, but usually, the committee will only pre-treat the complaint and forward it to Tandlægenævnet or the works council in the region you belong to. It depends on what you are complaining about:

1) If your complaint deals solely with matters other than the academic part of the treatment, it is the works council in your region, hearing the case on.

2) Deal with your complaint the dental treatment alone or both the dental treatment and other facts, it is Regionstandlægenævnet, who deals with the complaint on.
Regionstandlægenævnet decreases as a committee to carry out surveys and estimates of the professional in-office work. In connection with this vision, and the discretion can the dentist, you are complaining about being summoned to identify his work. The dentist does not have the right to participate in the actual assessment of the work.

Reject Visitationsudvalget your complaint, you can appeal this decision directly to the works council in your region. You must do this within six weeks after the decision is taken.

You can also appeal against a decision from both Regionstandlægenævnet and the works council in your region within this six week period. It must be made to the Landstandlægenævnet or Landssamarbejdsudvalget, depending on how your complaint was dealt with in the first place.

All of the boards and committees that get with your complaint to make, is composed of an equal number of tandlægekonsulenter from the region and representatives from the regional council. The appeal body Landstandlægenævnet also has a high court judge as chairman.

Compensation for malpractice
Tandlægenævnet in your region and Landstandlægenævnet can decide on a dental practitioner must pay an amount of coverage that a dental treatment is being made on the new. Nævnene can not, however, impose the dentist's liability for the following:

– Increase in expenses as a result of an injury
– Loss of earnings
– Permanent injury, pain or pain
– Other expenses incurred as a result of an injury

If you want compensation for one or more of these cases, you must contact the Tandlægeforeningens Patientforsikring, which covers behandlingsskader according to the same guidelines as for the hospitals.

Read the evs. more about compensation for the dental treatment

You have, of course, also the possibility of bringing a civil action is brought against the dentist by the court. In such a case should seek the guidance and help of a lawyer.

Complaints about foreign dentists and dental procedures
You will be a model of a dentist in Denmark, you are covered by the Danish complaints system, and have the opportunity to get compensation from the Danish patientforsikring. It is not you, if you choose to receive dental treatment abroad. So you will hear instead, under that country's rules on the area. Here you should be aware that klagereglerne and compensation can vary widely from country to country. In the worst case you risk to be completely without any form of cover, if there is an error or damage in connection with a treatment, or if you are dissatisfied with the quality of the treatment.

Read the evs. more about Treatment abroad

Tandlægeforeningens Patientforsikring

Tandlægeforeningens Patientforsikring covers, according to the rules of complaint and erstatningsloven, damages in connection with the examination and treatment by dentists.

Here you can read about how the system works for you as a patient. This guide can only be seen as a simplified introduction into the rules, since it would be too extensive to have all the details. You should consult with your own dentist if you want further information.

You will also find the whole scheme described on Tandlægeforeningens Patientforsikrings website.

The insurance covers
Injuries occurring in the period after the 1. January 2004 are covered, if it is made in connection with treatment by a private practice dentist or in connection with the treatment of Regionstandplejen (ex. Amtstandplejen), in the municipal tandplejeordninger or at one of the universities ' dental schools.

Is the injury happened before 1. January 2004, is only covered if it is made in connection with treatment by a private dentist.

When you get the replacement
Although the compensation scheme only covers the damages done in connection with the examination and treatment by a dentist. You have however the possibility to obtain compensation, even though the damage is not due to the fault from the dentist's side.

If you suffered an injury in connection with a dental treatment, compensation may be awarded if it is deemed that the damage is a strong likelihood that is caused in one of the following ways:

  • If the damage could have been avoided by a different treatment, which in the given situation would have been the best possible.
  • If the damage is due to fault or failure in the technical equipment and tools.
  • If the damage could have been avoided by using another equally effective treatment, technique or method.
  • If the damage is very rare, and serious in relation to the illness being treated, and thus goes beyond what you should reasonably tolerate.

Time period
In order to be entitled to damages, should the damage be notified no later than five years after you have got acquainted with it. There must not be more than ten years have passed since the injury was sustained.

In case of accident
You will come to harm during an accident at a dentist's office, which is not a part of the professional treatment, for example. by falling on a slippery floor, can only be compensated, if there is a fault from the clinic's side.

What compensation is available for
Compensation is paid according to the rules of Erstatningsansvarsloven.

  • Compensation is paid for the cost of repairing the damage, ie. the extra costs that are a result of the damage.
  • In addition, there may be compensation for other expenses that are a result of the injury, as the costs of medicine.
  • There can be compensation for loss of earnings and loss of earning capacity. In addition, there may be granted compensation for pain and suffering and for permanent injury.
  • There is normally provided only for compensation, if the compensation is greater than 1,000 kr. For any damages in connection with the treatment of regionstandplejen, the municipal tandplejeordninger or on the universities ' dental schools will only be provided compensation, if the amount is over $ 10,000.

What is not eligible for compensation
There will be no compensation for the cost of the treatment you came for to get made. These costs are always for own account. The same applies, if the treatment will have to be done, because of one reason or another, failed.

You also can not obtain compensation for the consequences of the accident or illness you have received treatment for, or if the treatment has not led to the expected result.

If you for some reason believe that the treatment has been inadequate, you can possibly. require the fee paid back. This requirement will then not be covered by the insurance, but must be made in connection with a complaint to tandlægenævnet in your region.
Tandlægenævnet will then take a decision as to whether you should get the money again for the treatment you have received and wish to complain.

Read more about how you complaints to the regional tandlægenævn.

How to seek compensation
If you believe that you have the right to compensation, you or together with your dentist fill out a skadesanmeldelsesblanket and send it to:

Tandlægeforeningens Patientskadeforsikring
Svanemøllevej 85
DK-2900 Hellerup

The processing time will normally be between eight and twelve weeks – in complex cases there must be expected a somewhat longer processing time.

Are you unhappy with the decision in your case, you have the opportunity to appeal the decision to:

Svanemøllevej 85, 1. floor
DK-2900 Hellerup
Tel. 39 46 34 00

Useful contact details

Useful contact details for complaints about dental treatment, dentist, dental hygienist or dental technician.

Amaliegade 17
Dk-1256 Copenhagen K.
Telephone: 70 25 77 11

Tandlægeforeningens Patientforsikring
Svanemøllevej 85
Dk-2900 Hellerup
Telephone: 39 46 00 60

Landssamarbejdsudvalget subject. tandlægehjælp
c/o Danish Regions
Dampfærgevej 22
Dk-2100 Copenhagen Ø
Telephone: 35 29 81 00

Health Patientklagenævn
Frederiksborggade 15, 2. floor
Dk-1360 Copenhagen K
Phone: 33 38 95 00

Danish Regions
Dampfærgevej 22
DK 2100 Copenhagen Ø, denmark.
Telephone: 35 29 81 00

The secretariat of the Capital Region
Kongens Vænge 2
Dk-3400 Hillerød, denmark
Telephone: 48 20 50 00

Region Zealand
Alleen 15
4180 Sorø
Phone: 70 15 50 00

The Region Of Southern Denmark
Damhaven 12
7100 Vejle
Telephone: 76 63 10 00

Region Midtjylland
Regionshuset Viborg
Skottenborg 26
Po box 21
8800 Viborg
Telephone: 87 28 50 00

Region Nordjylland
Niels Bohrs Vej 30
Dk-9220 Aalborg East
Telephone: 96 35 10 00