IADR Abstract Archives
Reasons for Civil Claims in Dentistry in Chile Between 2011-2017.
Objectives: The aim of this study is to describe reasons for civil claims related to dentistry practice in Chile between 2011 and 2017.
Methods: A descriptive study was conducted on civil claims presented against either dental surgeons or dental clinics using data from 2011 to 2017. These data were extracted from Chile’s Judicial branch of the State official website, identified by jurisprudence judgment’s coincidence of keywords. Interrater reliability was determined by 50 medical civil claims, resulting in “almost perfect” (kappa 0,962). Data was placed in a spreadsheet (Excel) database and analyzed by statistical means (Stata.15).
Results: Of the 749 judgments that were identified, 62 were selected. Frequencies of dental civil claims between 2006 and 2011were observed, Spearman Rho Correlation was 0,90 (p valor= 0,0056) for judgments, and 0,81 (p valor= 0,0044) for income of claims. The most common allegations involved in civil claims were “ Treatment Failure” (20,97%), followed by “Carelessness during treatment” (12,9%) and “Failure to diagnose” (12,9%). The most frequent consequence was “Need to repeat treatment” (25,8%). Finally, in this context, in regards to procedure, Prosthodontics and Endodontics were the specialty with the greatest incidence of reported claims (19,35% both). The primary cause for litigation, categorised by type of harm caused was “Physiological” (87,10%), while “Psychological harm” was the cause for just 12,90% of the civil claims. The defendant was found “faulty in act” in 96,77% of the cases, where 77,42% of these were because of negligence, 11,29% owed to unskilfulness and 8,06% to recklessness. Dolo (committed by means of deceit) was present only in 3,23% in the form of simulated treatment.
Conclusions: The number of civil claims in dental practice showed an upward trajectory in the studied term. The most common reason for a liability claim was “Treatment Failure”, with “Need to repeat treatment” as the most reported consequence. Implantology and Endodontics were the specialties with the most reported civil claims.
Methods: A descriptive study was conducted on civil claims presented against either dental surgeons or dental clinics using data from 2011 to 2017. These data were extracted from Chile’s Judicial branch of the State official website, identified by jurisprudence judgment’s coincidence of keywords. Interrater reliability was determined by 50 medical civil claims, resulting in “almost perfect” (kappa 0,962). Data was placed in a spreadsheet (Excel) database and analyzed by statistical means (Stata.15).
Results: Of the 749 judgments that were identified, 62 were selected. Frequencies of dental civil claims between 2006 and 2011were observed, Spearman Rho Correlation was 0,90 (p valor= 0,0056) for judgments, and 0,81 (p valor= 0,0044) for income of claims. The most common allegations involved in civil claims were “ Treatment Failure” (20,97%), followed by “Carelessness during treatment” (12,9%) and “Failure to diagnose” (12,9%). The most frequent consequence was “Need to repeat treatment” (25,8%). Finally, in this context, in regards to procedure, Prosthodontics and Endodontics were the specialty with the greatest incidence of reported claims (19,35% both). The primary cause for litigation, categorised by type of harm caused was “Physiological” (87,10%), while “Psychological harm” was the cause for just 12,90% of the civil claims. The defendant was found “faulty in act” in 96,77% of the cases, where 77,42% of these were because of negligence, 11,29% owed to unskilfulness and 8,06% to recklessness. Dolo (committed by means of deceit) was present only in 3,23% in the form of simulated treatment.
Conclusions: The number of civil claims in dental practice showed an upward trajectory in the studied term. The most common reason for a liability claim was “Treatment Failure”, with “Need to repeat treatment” as the most reported consequence. Implantology and Endodontics were the specialties with the most reported civil claims.