Professional liability in oral surgery: legal and medical study of 63 court sentences.
OBJECTIVE
Dentistry, like all other health care professions, has in recent years been subjected to an increase in legal pressure by patients. Nevertheless, there are areas of activity in dentistry in which, whether because of their frequency or due to the importance of the damage and sequelae claimed, this legal pressure is greater. Amongst these areas of activity is that of oral surgery.


METHODS
To be meticulously analyzed in this report are 63 sentences issued by courts of second instance or higher levels regarding lawsuits involving oral surgery. The data collection file includes 13 variables. The descriptive and comparative statistical study by cross-referencing certain variables provides us with a clear and accurate picture of the lawsuit profile.


CONCLUSIONS
Implantological surgery was the practice subject to the most claims due to surgery (55.6 percent: 35 sentences), and it drew our attention that in 71.4% of all cases (45 sentences) there was a ruling against the professional. The most frequent range of damage payments was between €18,001 and €60,000 (40.9%: 18 sentences), the highest amount having been €24,000, an important factor to take into account when contracting professional civil liability insurance.
Perea-Pérez
Bernardo
B
School of Legal and Forensic Medicine of Madrid, School of Medicine, Universidad Complutense de Madrid.
Santiago-Sáez
Andrés
A
Labajo-González
María-Elena
ME
Albarrán-Juan
María-Elena
ME
D006801:Humans; D016365:Liability, Legal; D013030:Spain; D013515:Surgery, Oral / Q000331:legislation & jurisprudence*