Hello all and thanks for having me on this forum.
We recently had a terrible experience with a dentist who gave my wife an anaesthetic that she was allergic too despite her telling him that she was and specifically requesting not to have it. She has been very sick since ( this was several months ago) and does not show any sign of recovering from the problems. If we decided to sue the dentist, who does the law favour in Switzerland? Is this legal process complicated and expensive or relatively simple especially being as we are outside the country? Finally, does anyone know a lawyer who specialises in dental malpractice?
We don't want to go through a legal process but the treatments are and will be expensive to help my wife recover.
Thanks for your help.
Ig
When this request was made - what language was spoken? And were both sides speaking natively?
You can sue - but the costs will be huge, the time it takes very long and any verdict unlikely to see you recover costs and receive compensation.
It seems that some (every?) Kanton has an Ombudsmann (arbiter?), see
this list . You may want to contact them.
But be aware that they're not, like, attorneys for the clients. Rather, their main job is to reach an amicable solution. With that said, they carry significant weight and you can always refuse their recommendation. And I think their service comes at no cost (do make sure first thing).
Well first of all you need to understand the Swiss law tends not to be adversarial but rather conspiratorial (if that is the word for it) and the negotiation of a settlement.
Secondly the intention under Swiss law is to restore the situation to the way it was prior to the incident, so punitive damages are unlikely.
The third thing is that allergic actions then to be over quickly, so claiming that she is still suffering for an allergic reaction will most likely need expert medical opinion.
Another thing is that it is very common to have legal expenses insurance here, so the prospects of an early due to cost considerations are not very high, since it will basically cost the dentist very little to defend that case.
So yes of course you can take a case, but expect it to be expensive and the likelihood of a very favourable outcome is not very high.
First step would be securing and gathering evidences.
Request all patient information. Do not state a reason other than that you request it. Procedure how to do this and how much patient information you will get depends on canton. Some cantons have laws which are more favorable to the patient than others.
The two most important piece of information are the self assessment entry form where your wife has listed that she is allergic to certain anesthetics. The second important information is the treatment report where the dentist has listed the used anesthetic.
Together with an expert opinion that your wife is sick because of an allergic reaction you may have a case.
Good morning Ig,
As dodgyken pointed out, language can become a major stumbling block. In canton Zug, for example, EVERY dental practice listed in the canton claims to speak English, yet in reality less than 10% of the dentists speak English at a level suitable for a doctor-patient communication. The dentist may claim there was miscommunication due to the language. Of course, if the conversation was in German, than this is not an issue.
Another point to consider: was the communication verbal or in writing? In our dental practice we use a Patient Questionnaire form where pertinent information (like allergies, habits, drugs taken, etc.) is asked. The purpose of the form is to avoid complication cases, like the one your wife experienced.
Final point to consider: does your wife have something from her medical doctor that ties her multimonth condition to the allergic reaction from the anesthetic? I caught my wife for only a couple of seconds between patients so I can't give you a more detailed description, but she expressed bewilderment that the allergic reaction to anesthetic will continue to occur
for such a long time since the drug gets fully processed by the body within mere hours; unless she said your wife has some liver disorder. Most allergic reaction to anesthetics develop quickly and in more violent forms can develop anaphylaxis and she was not aware of any reactions that stay on for such an extended period of time. She said this reaction may not be due to allergy to the anesthetic, but may be due to patient anxiety associated with the injection or the dental procedure itself. So it would be a significant boost to your legal claim to have something from a medical doctor that ties the administration of the anesthetic to the current condition of your wife.
In addition to the advise Urs Max gave you, you can also file a complaint with the local SSO. Each canton SSO has their own website, so please google the SSO of the canton the dentist is in. The central SSO website is https://www.sso.ch/home.html .
George