The proportion of dental malpractice incidents is increasing, particularly due to rising demand for dental care, and the liability of dentists—also referred to as medical malpractice—constitutes a significant aspect of medical liability law. The c...
The proportion of dental malpractice incidents is increasing, particularly due to rising demand for dental care, and the liability of dentists—also referred to as medical malpractice—constitutes a significant aspect of medical liability law. The complex embryological and physiological nature of the oral cavity during dental treatment makes accurate diagnosis and treatment challenging. Particularly for patients with systemic diseases such as blood disorders, liver disease, or cardiovascular disease, the risk of serious complications during dental treatment—including abnormal bleeding, delayed wound healing, infection, and systemic reactions due to stress—is ever-present.
This study systematically analyzes medical accidents that may occur during dental treatment for patients with systemic diseases and the corresponding scope of the dentist's legal liability. It focuses on recent case law regarding the duty of care across different areas of dental practice, building on existing research to incorporate recent cases. Furthermore, it aims to derive the underlying legal issues and preventive implications from these cases. The objective is to systematically analyze the dentist's duty of care related to dental treatment for patients with systemic diseases. To this end, it examines the scope and content of the dentist's liability in various individual cases.
First, it analyzes recent case law regarding the duty of care by specific areas of dental treatment to systematize the legal principles of dental liability. Furthermore, it examines the types of systemic diseases problematic during dental treatment from a medical perspective and analyzes recent case law, focusing on patients with hypertension, diabetes, and inflammation-related cases, to derive the specific content of the duty of care. Finally, through case analysis, it presents the scope and content of the dentist's liability in individual cases, along with legal issues and preventive implications.