The Incidence and Nature of Malpractice Claims against Dentists for Orthodontic Treatment with Periodontal Damage in Israel during the Years 2005–2018—A Descriptive Study

Abstract

In recent years, dental malpractice claims have increased dramatically worldwide. The purpose of the present study is to analyze claims related to orthodontic treatment involving periodontal problems that resulted in legal decisions in Israel. This study analyzed legal claims registered by Medical Consultants International (MCI) between 2005 and 2018. Only closed cases of orthodontic claims involving periodontal problems in which a decision was made were included. The parameters studied included patients’ demographic data, the main reasons of the claim, and complications. Statistical significance was found for aesthetic damage, which was more common in claims of females (p = 0.035) and in older claims (p = 0.004); tooth damage was more common in claims of older patients (p = 0.032); violation of autonomy was higher in private practice (p = 0.047) and in more recent claims (p = 0.001). As orthodontic treatment is becoming more popular in older patients, and as lawsuit claims become more common in recent years, the orthodontists should always analyze and document the periodontal status of their patients before and during treatment in order to maintain professional practice and avoid future claims.

Dealing with Evidence in Dental Professional Liability Lawsuits—General Recommendations for Dental Expert Witness Work Using the Example of Germany: A Narrative Review

“…2 3 In recent years, the number of legal disputes against dentists has increased worldwide. 4 5 6 7 The reasons for this increase in civil lawsuits resulting from dental treatment are complex. 3 5 8 One common reason is the patient's own financial contribution or the complete assumption of treatment costs.…”

“…4 5 6 7 The reasons for this increase in civil lawsuits resulting from dental treatment are complex. 3 5 8 One common reason is the patient's own financial contribution or the complete assumption of treatment costs. High costs are usually also coupled with high expectations, which can be triggered by advertising and the competitive situation of dentists.…”

“…3 In addition, the increasing number of lawyers specializing in medical law and a generally increased willingness on the part of patients to file a lawsuit against the doctor (possibly flanked by legal expenses insurance) can also play a role. 5 7 In dental liability lawsuits, the plaintiffs predominantly are the patients. A frequent reason in dental assessment practice is, for example, that a patient is dissatisfied with the technical or esthetic design of a newly incorporated prosthetic reconstruction or has difficulties with handling a newly fabricated denture.…”