Dental malpractice lawsuits in Costa Rica: analysis of 124 cases in the period 2015-2020
Fecha
2021-09
Tipo
artículo original
Autores
Fernández Chaves, José Manuel
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ISSN de la revista
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Editor
Resumen
Introduction: In Costa Rica, dental malpractice lawsuits (professional liability) are classified under the
crime of culpable injuries according to the Criminal Code of Costa Rica. The purpose of this study is to
describe the characteristics of all the claims analyzed by the Forensic Dentistry Unit of the Department of
Legal Medicine in a period of six years (2015-2020). Materials and methods: A detailed review was
carried out in the database of the Legal Medicine System (SIMEL) of the Legal Medicine Department of
the Organismo de Investigación Judicial (Judicial Investigation Agency) of all the complaints of dental
"malpractice" filed since January 1, 2015 to December 31, 2020. The information collected was tabulated
in Excel and classified by year, related dental discipline, sex of the complainant and the result of the expert
analysis. Results: The data analysis determined a total of 124 complaints, the disciplines with the highest
percentages were oral and maxillofacial surgery (39.52%), dental implants (16.94%) and orthodontics
(12.9%). More than two thirds (66.12%) of the complaints correspond to women and within the results of
the forensic report 10% of the cases were positive, 32% negative and 58% inconclusive. Conclusions: the
complete dental record is essential to be able to determine a causal link between the investigated facts and
the results of a treatment; in this study more than 50% of the files where incomplete, invasive procedures
such as oral surgery generate a greater possibility of lawsuits that could be avoided through proper
management of risks and complications, adequate patient-caregiver communication, and management of
treatment expectations.
Descripción
Palabras clave
malpractice, DENTISTRY, lawsuit, professional liability