Il contenzioso odontoiatrico: la realtà del fenomeno

Dental litigation shows a very low incidence ratio, ranging from 1:500 and 1:1,250 of all dental patients. The technical error is the main cause of litigation, while disputes related to the breach of information duty are residual (< 3%). Dental treatment generally requires multiple visits, therefore it can be correctly assumed that there is a proper flow of information between the doctor and the patient. The dentist is the losing party in the dispute with the patient in 80-95% of cases, mainly because in civil proceedings the burden of proof bears on dentists and even a simple lack of supporting evidence can lead to an unfavorable outcome. In one third of court trials, dentists are not in possession of an insurance policy. The compensated sums appear on average larger as an outcome of a judicial procedure (mean > 20.000 euros) than as an out of court settlement of the dispute; therefore, when the professional error is evident, a persistent litigation implies higher expenses as well as significant prolongation of time and emotional stress for all parties. The results of the present research indicate no increase in litigations, neither in the judicial nor in the out of court/insurance context, neither in the number of cases nor in the amount of compensations, both in the private practice and in the public service. Scaremongering attitudes towards dental malpractice are not scientifically supported and should be avoided in order to safeguard the clinician's image and to improve his confidence in preventing claims and the ensuing increased risk of defensive dentistry.