Professional Liability, Medical Errors and Legal Responsibility of Dentists
Professional liability asks three separate questions: was there a duty and a breach of the standard of care; was there harm; and did the breach cause the harm? A poor outcome alone is not proof of negligence.
Forms of responsibility
- Disciplinary: internal and professional order violations.
- Civil: compensation for harm caused to the patient.
- Administrative: breaches of licensing, sanitary, advertising or data rules.
- Criminal: illegal medical activity or improper performance of professional duties with serious consequences, among other offences.
Worked example
An endodontic file separates. The record shows appropriate case selection, informed consent about the risk, correct technique and prompt referral. If expert review finds the standard was met, the complication is not automatically negligence. If the file was left without disclosure and follow-up, causation and damages are easier for the patient to establish.
Traps
Equating a complication with a criminal offence; calling every adverse event a 'medical error' as if it were a legal category; altering records after a complaint; ignoring the patient's duty to mitigate; discussing the case publicly.