Professional liability in dentistry: structure and causes of judicial litigation

Abstract

The great advances in diagnostic and therapeutic skills of most sectors of medicine and dentistry have led to an increasingly greater demand from patients for accuracy, attention and diligence by healthcare workers. Dentistry is one of the branches most frequently involved in claims for damages from malpractice, especially in those sectors that are particularly costly and of significant aesthetic value. Aim of the study was to compare data of malpractice claims with those of other Authors to identify similarities and/or differences in the results and to increase epidemiological knowledge in the area of dental malpractice. This work is a descriptive study performed analyzing medical malpractice claims in which one of the Authors was nominated as court professional expert advisor from 2018 to 2022 in two of the biggest courts in Campania: Naples and Santa Maria Capua Vetere. Findings of great interest were the greater involvement of the pros-thetic and implant-prosthetic sector, the significant recurrence of clinical records deficiency and the high prevalence of claims made by female subjects. Also, there was a greater incidence of emergent damage confronted to the non-pecuniary personal injury (biological damage).

Keywords: Professional liability, Dental malpractice, Informed consent, Forensic dentistry.