DENTAL MALPRACTICE CASES IN TURKEY: EVIDENCE BASED ON HIGH COURT DECISIONS

Authors : Pınar YALÇIN BALÇIK, Cuma ÇAKMAK, Mehmet Emin KURT, Özkan ADIGÜZEL

Pages : 155-169

Doi:10.53092/duiibfd.1239579

View : 38 | Download : 85

Publication Date : 2023-05-30

Article Type : Research Paper

Abstract :This study aims to examine dental malpractice cases in Turkey through the Supreme Court’s decisions. In this study, the dental malpractice decisions of the Supreme Court of Appeals, one of the highest judicial bodies in Turkey, are evaluated. It is seen that 83.3% of dental malpractice lawsuits filed against dentists occur in private enterprises insert ignore into journalissuearticles values(private clinics, practice, private hospitals, etc.);. It was also discovered that most of the decisions were made in 2014, 2015, and 2018. Furthermore, the majority of the decisions insert ignore into journalissuearticles values(93.7%); are compensation cases. The cases were brought mainly by adults insert ignore into journalissuearticles values(89.6%);. The patients mostly applied to the dental clinic for a dental prosthesis insert ignore into journalissuearticles values(25%); and implant insert ignore into journalissuearticles values(18.8%);. Choosing the wrong treatment method insert ignore into journalissuearticles values(66.7%); and service failure insert ignore into journalissuearticles values(14.6%); are the leading causes of malpractice. Health consequences such as severe pain insert ignore into journalissuearticles values(31.3%);, inability to fully perform the chewing function due to defective prosthesis insert ignore into journalissuearticles values(10.4%);, mouth sores, and difficulty in swallowing insert ignore into journalissuearticles values(6.3%); occurred in patients. It was determined that 7 insert ignore into journalissuearticles values(14.6%); cases had to undergo a second operation due to malpractice. The average amount of pecuniary and non-pecuniary compensation demanded from physicians is 53.431 TL. The majority of the decisions insert ignore into journalissuearticles values(52.1%); were reversed under Article 428 of the HUMK insert ignore into journalissuearticles values(Law of Civil Procedure);. Like other healthcare professionals, dentists are faced with a malpractice lawsuit and can pay high compensation penalties. There is a need to develop individual, institutional, and national strategies for malpractice, and necessary precautions must be taken.
Keywords : Dental Malpraktis, Yargıtay Kararları, Diş Hekimi, Malpraktis Davaları, Türkiye