Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 279-295 |
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Omidiyan D, Sheibani M, Omidiyan P. Study on the Procedure of the Yazd Province Medical System Organization, Regarding Proving the Errors of Dentists During the Years 1400-1402. MLJ 2024; 18 (59) :279-295
URL: http://ijmedicallaw.ir/article-1-1868-en.html
URL: http://ijmedicallaw.ir/article-1-1868-en.html
1- Department of Family Law, Family Research Institute, Shahid Beheshti University, Tehran, Iran.
2- Department of Criminal Law & Criminology, Faculty of Theology and Islamic Studies, Haeri Meibod University, Tehran, Iran.
3- Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran
2- Department of Criminal Law & Criminology, Faculty of Theology and Islamic Studies, Haeri Meibod University, Tehran, Iran.
3- Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran
Abstract:
Background and Aim: Today, dentists and their accompanying staff, like other doctors, are subject to patient complaints. sometimes, mistakes in dental practices cause dental lesions and the patient who did not get the desired treatment result by spending exorbitant costs, files a complaint against the dentist. Since there is not much information about the criminal liability of dentists, this research, while examining the opinions of experts of the Medical System Commissions of Yazd province, investigates the factors that play a role in the verification or non-verification of dentists' mistakes.
Method: This research is of a the oretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles and opinions of the Medical System Commission of Yazd Province.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: In each case, several factors may cause attribution or non-attribution of fault to the dentist. the results show that, from a medical point of view, there are factors that are effective in preventing dental errors.
Conclusion: The research indicates that the dentist's mistake in diagnosis, such as not properly evaluating the tooth and the error related to the method of treatment, such as extracting teeth in conditions that can be maintained, excessive grinding of teeth and excessive manipulation of the surgical site, are examples of errors in the field of dentistry.but if the dentist's actions are carried out in accordance with scientific standards and the complication is one of the known complications of dental surgery, then the dentist is not at fault. for example, from the point of view of the experts of the Medical System, breaking of the file inside the root canal, bruising in the jaw and burning of the lip due to tooth extraction are possible and common side effects of the treatment; If the general dentist, with a correct diagnosis, refers the patient to a specialist dentist such as an endodontist to continue more specialized treatment, this will stop the possibility of attributing damage to the dentist. Also, if despite the dentist's mistake, no complications have occurred for the patient; This prevents the criminal liability of the dentist.
Please cite this article as:
Omidiyan D, Sheibani M, Omidiyan P. Study on the Procedure of the Yazd Province Medical System Organization, Regarding Proving the Errors of Dentists During the Years 1400-1402. Medical Law Journal. 2024; 18: e18.
Method: This research is of a the oretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles and opinions of the Medical System Commission of Yazd Province.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: In each case, several factors may cause attribution or non-attribution of fault to the dentist. the results show that, from a medical point of view, there are factors that are effective in preventing dental errors.
Conclusion: The research indicates that the dentist's mistake in diagnosis, such as not properly evaluating the tooth and the error related to the method of treatment, such as extracting teeth in conditions that can be maintained, excessive grinding of teeth and excessive manipulation of the surgical site, are examples of errors in the field of dentistry.but if the dentist's actions are carried out in accordance with scientific standards and the complication is one of the known complications of dental surgery, then the dentist is not at fault. for example, from the point of view of the experts of the Medical System, breaking of the file inside the root canal, bruising in the jaw and burning of the lip due to tooth extraction are possible and common side effects of the treatment; If the general dentist, with a correct diagnosis, refers the patient to a specialist dentist such as an endodontist to continue more specialized treatment, this will stop the possibility of attributing damage to the dentist. Also, if despite the dentist's mistake, no complications have occurred for the patient; This prevents the criminal liability of the dentist.
Please cite this article as:
Omidiyan D, Sheibani M, Omidiyan P. Study on the Procedure of the Yazd Province Medical System Organization, Regarding Proving the Errors of Dentists During the Years 1400-1402. Medical Law Journal. 2024; 18: e18.
Type of Study: Original Article |
Received: 2023/07/27 | Accepted: 2023/10/13
Received: 2023/07/27 | Accepted: 2023/10/13
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