The Incidence and Nature of Claims against Dentists Related to Periodontal Treatment in Israel during the Years 2005–2019

Abstract

Background: In recent years, worldwide dental malpractice claims have dramatically increased. The purpose of the present study is to analyze periodontal therapy related claims in Israel that led to legal decisions. Methods: This retrospective cohort study includes malpractice claims against dental practitioners related to periodontology between 2005 and 2019. Only closed cases where a final decision was made were included. The chi-square test or Fisher exact test for categorical variables were performed and a p value of <0.05 was considered statistically significant. Results: During the study period there were 508 legal claims related to periodontal disease. Most plaintiffs were women (63.4%), and 71.3% of the patients were >35 years old. Most claims (82.8%) were settled out of court and ended in compromise. Claims concerning the treatment of periodontal disease by periodontists accounted only for 4.5% (23/508) of the cases while 95.5% (485/508) of the claims were for complications secondary to another treatment. Prosthodontic treatment was involved with the highest number 54.5%, followed by dental implants 17.7%, and endodontics 11.6%. The allegations were related to pain and distress (84.8%), aggravation of existent periodontal disease (83.3%), tooth loss (78.1%), and violation of autonomy (47%). Conclusions: The main cause for lawsuits was related to aggravation of periodontal disease during prosthetic or implant therapy and related to suspected faulty or inexistent preoperative diagnosis and planning. Practical implications: Periodontal consultation before dental treatment may reduce malpractice risks, adverse events, and un-necessary changes of treatment plans.

Dental malpractice lawsuit cases in Saudi Arabia: A national study

“…This finding is believed to play a significant role in patient-practitioner coherence of clearly stating the patients’ treatment plan and its complications along with their approval and autonomy. If this coherence is lost, it does in-fact lead to the increased tendency of raising complaints as reported in other studies ( Lopez-Nicolas, et al, ,2007 , Castro et al, 2015 , Nassar et al, 2021 , Wu et al, 2022 ). It is important to mention that these few cases that had consent form signed by the patient had a verdict in favor of the dentist and played a major role in finding the dentist not guilty.…”

Dental malpractice lawsuit in the madinah region

“…The consent form is thought to significantly contribute to the patient-practitioner relationship by providing a clear explanation of the patient's treatment plan, and any difficulties, risks, complications, and making sure of understanding the whole procedure, as well as their autonomy and approval. However, if this consistency is lost, it increases the probability for people to file complaints ( Nassar et al, 2021 , Nassar and Demyati, 2021 , Wu et al, 2022 ). It is significant to note that in the few situations when the patient signed the consent form, it played a role in demonstrating innocence and resulting in a favorable judgment for the dentist ( Wu et al, 2022 ).…”

“…The Ministry of Health developed the Saudi Informed Consent Guide that can contribute significantly to preserving both the patient’s and families’ rights, and the practitioners as well as the health care providers ( Nassar and Demyati, 2021 , Nassar et al, 2021 ). Healthcare organizations aim to maintain patient safety and satisfaction.…”

A Clinician’s Perspective on the Accuracy of the Shade Determination of Dental Ceramics—A Systematic Review

“…The authors believe that an objective measurement of future porcelain restorations’ color will become a standard of the everyday clinical workflow. This is due to the ever-increasing demands of patients and, unfortunately, the increasing number of cases in which the aesthetics of the prosthetic restoration are questioned after the dentist and patient have already decided on the shade [ 56 ]. However, this will be inextricably linked to the development of mobile photography and fast, affordable, and accurate mobile software, which will eliminate possible errors on the part of the dentist and will enable the easy archiving of a procedure.…”