Dental interventions are often in the nature of a work contract. There is responsibility for the outcome.
Typical Malpractice Cases
- Failed implant (osseointegration)
- Faulty coating (incompatibility)
- Instrument breakage in root canal treatment
- Wrong tooth extraction
- Nerve damage
- Lack of hygiene → infection
Proof
- Photograph before/after treatment
- X-ray/tomography
- Patient file
- Expert witness (faculty of dentistry)
Work Contract Approach
The Supreme Court considers dental interventions as work contracts. The rule "Compensation if the result is unsuccessful" applies.
Compensation Items
- Treatment expenses (reconstruction)
- Pecuniary damage
- Loss of work
- Loss of aesthetics
Supreme Court 15th HD and 13th HD
15. HD adopts that the rules of work contract will be applied in dental interventions and that the physician is obliged to ensure the result.
Duration
- 5 years after the work is received
- Fraud/grave fault: 20 years
Practical Recommendations
- Ask for a written treatment plan before the treatment
- Request the price offer keep it
- Take photographs during the treatment
- If there is a problem, immediately check with another physician
Health law/malpractice lawyer recommended.