Professional Liability in Oral Surgery: Legal and medical study of 63 court sentences

Abstract

Objectives: Dentistry, like all other health care professions, has in recent years been subjected to an increase in legal pressure by patients. Nevertheless, there are areas of activity in dentistry in which, whether because of their frequency or due to the importance of the damage and sequelae claimed, this legal pressure is greater. Amongst these areas of activity is that of oral surgery. Study design: To be meticulously analyzed in this report are 63 sentences issued by courts of second instance or higher levels regarding lawsuits involving oral surgery. The data collection file includes 13 variables. The descriptive and comparative statistical study by cross-referencing certain variables provides us with a clear and accurate picture of the lawsuit profile. Results and conclusions: Implantological surgery was the practice subject to the most claims due to surgery (55.6 percent: 35 sentences), and it drew our attention that in 71.4% of all cases (45 sentences) there was a ruling against the professional. The most frequent range of damage payments was between €18,001 and €60,000 (40.9%: 18 sentences), the highest amount having been €24,000, an important factor to take into account when contracting professional civil liability insurance.

Analysis of Dental Case Reports in the Context of Court Decisions: Causal Nexus and Aspects of Fault

“…Thomas et al (7) believed that one of the limitations of their study was the fact that 8% of complaints filed with health regulatory agencies had not reached a final decision by the data collection date. As to the size of the sample studied (n = 45), it is compatible with those presented by Castro et al (19), n = 34, Perea-P erez et al (10), n = 63 and Terada et al (9), n = 45. Access to the reports enriched the data collection, making it possible to extract important elements and associate them with those judged.…”

“…Many studies about judicial decisions on dental civil liability have been conducted . However, Zanin et al.…”

Dental malpractice cases in South Africa (2007-2016)

“…This is consistent with the literature, which recorded a mean payment of $2230 and a maximum of $13,000 10 ; and between €18,001 and € 240,000. 19 The variation can be attributed to the nature and severity of the offences.…”

Responsabilidad profesional en odontología

“…el número de reclamaciones contra los dentistas en el periodo comprendido entre los años 1990 y 2004, en total suponen 47.441, un 13,2% del total de las reclamaciones sanitarias 18,19 . El estudio de la Escuela de Medicina Legal sobre sentencias judiciales debidas a reclamaciones sanitarias, indica que durante el periodo 2000-2007, de las 1.899 sentencias dictadas por los tribunales de segunda instancia, el 7,58% del total (144 sentencias) fueron motivadas por tratamientos odontológicos 6 .…”