April 19, 2022
by Jason Tan, Canadian Lawyer
Severe, chronic, nerve-related pain is not a material, special, or unusual risk associated with a root canal procedure that a dentist is required to disclose, the British Columbia Court of Appeal has found.
In Parhar v. Weaver, 2022 BCCA 134, Dr. Brennan Weaver was Karunbir Parhar’s dentist. In 2014, Weaver performed a root canal procedure on one of Parhar’s molars. Parhar was not asked to sign a consent form, but Weaver testified that he would have given a standard description of the procedure. Weaver did not advise Parhar of the possibility of chronic nerve pain, since it was not taught in dental school, nor had he encountered it in practice. After the procedure, Parhar’s pain intensified, which led to further procedures.