Professional dental and oral surgery liability in Italy: a comparative analysis of the insurance products offered to health workers

Abstract

<jats:title>Abstract</jats:title><jats:sec id="j_med-2016-0051_s_387_w2aab3b8d315b1b7b1aab1c14b1Aa"><jats:title>Introduction</jats:title><jats:p>In Italy there has been an increase in claims for damages for alleged medical malpractice. A study was therefore conducted that aimed at assessing the content of the coverage of insurance policy contracts offered to oral health professionals by the insurance market.</jats:p></jats:sec><jats:sec id="j_med-2016-0051_s_390_w2aab3b8d315b1b7b1aab1c14b2Aa"><jats:title>Material and methods</jats:title><jats:p>The sample analysed composed of 11 insurance policy contracts for professional dental liability offered from 2010 to 2015 by leading insurance companies operating in the Italian market.</jats:p></jats:sec><jats:sec id="j_med-2016-0051_s_388_w2aab3b8d315b1b7b1aab1c14b3Aa"><jats:title>Results</jats:title><jats:p>The insurance products analysed are structured on the “claims made” clause. No policy contract examined covers the damage due to the failure to acquire consent for dental treatment and, in most cases, damage due to unsatisfactory outcomes of treatment of an aesthetic nature and the failure to respect regulatory obligations on privacy.</jats:p></jats:sec><jats:sec id="j_med-2016-0051_s_391_w2aab3b8d315b1b7b1aab1c14b4Aa"><jats:title>Discussion</jats:title><jats:p>On entering into a professional liability insurance policy contract, the dentist should pay particular attention to the period covered by the guarantee, the risks both covered and excluded, as well as the extent of the limit of liability and any possible fixed/percentage excess.</jats:p></jats:sec><jats:sec id="j_med-2016-0051_s_389_w2aab3b8d315b1b7b1aab1c14b5Aa"><jats:title>Conclusions</jats:title><jats:p>When choosing a professional liability contract, a dentist should examine the risks in relation to the professional activity carried out before signing.</jats:p></jats:sec>

Aesthetic dental procedures: legal and medico-legal implications

“…Therefore, in cases of dental treatment with a primarily cosmetic purpose, it is of the utmost importance to give detailed information [ 20 ], in association with, moreover, specific technical skills and in-depth scientific knowledge, given that there are fairly frequent failures at the hands of poorly trained operators and insufficiently organised environments [ 21 ], with immediate repercussions on the practicality of professional liability insurance policies offered by the insurance market [ 22 ].…”

Excellence and safety in surgery require excellent and safe tutoring

“…Frequent disputes that take place between patients and surgeons is a very important aspect; of utmost importance is the knowledge of the risks and implications that can occur during a surgical procedure. [ 37 - 49 ]…”

Genetic risk in insurance field

“…The risk-delimiting tools available to insurance companies are therefore substantial, and it is also possible to argue that a margin of uncertainty is a natural component of the insurance contract [ 4 ]. Despite this, businesses look at the potential of predictive medicine, and in particular the growing understanding of genetic mechanisms that support many common diseases.…”