Evidence map›Paper›PMID 33581870›Full record

ArticleInternational dental journal2021

Dentists' Legal Liability and Duty of Explanation in Dental Malpractice Litigation in Japan.

Tomoko Hamasaki, Akihito Hagihara

Abstract read
In one paragraph

Article in International dental journal, 2021. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Cited by 13 papers.

0numbers the graph read from it
0cells of the map it votes in
13citing papers in PubMed
–field-weighted citation impact
1 · What the graph read from it

What it found

Each row is one number read from the abstract, on the scale the paper reported it, with its interval. Left of the dashed line favours the treatment, right favours the comparator. Under each row is the sentence it came from. New to these charts? A ten-minute tutorial.

The abstract states no effect estimate the extractor could read, or names no intervention and outcome on the map, so this paper lights no cell and moves no belief. It is still indexed, cited and linked below.

2 · The registry

The trial behind it

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Neither the registry nor the abstract names a trial number. If this is a trial report, that itself is worth knowing.

3 · Its place in the literature

Who cites it

13 citing papers in PubMed.

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  13. Indian Dental Malpractice Claims and Lawsuits: A Medico-Legal Analysis.Journal of International Society of Preventive & Community Dentistry
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4 · The record

Corrections and comments

PubMed lists nothing against this paper. Absence here is not a guarantee, only a check that was made.

5 · Who and what money

Authors and funding

2 authors.

Tomoko HamasakiDepartment of Nutrition, Faculty of Home Economics, Kyushu Women's University, Kitakyushu, Fukuoka, Japan. Electronic address: tomotalk@kwuc.ac.jp.
Akihito HagiharaDepartment of Preventive Medicine and Epidemiology, National Cerebral and Cardiovascular Center, Suita, Osaka, Japan.

Funding

No grant is acknowledged in the PubMed record.

6 · The paper itself

Abstract

introductionDental litigation accounts for approximately 10% of medical cases in Japan. This study sought to identify factors related to dentists' legal liability in Japan, including their duty to explain procedures and treatments to their patients.

methodsWe analysed court decisions in 166 dental malpractice cases litigated in Japan between 1978 and 2017. To identify factors related to the legal liability of dentists, an analysis was performed to evaluate the associations among patient characteristics, dentist characteristics, litigation, and dentists' explanatory behaviour.

resultsOf the 36 cases related to dentist liability, the study identified 23 cases (63.9%) of litigation in which the dentists were found to be in violation of their duty to provide an explanation. Regarding the severity of injury, the ratio of death and permanent disability was significantly higher in decisions in which the purpose of the explanation was something other than obtaining the patient's consent compared with decisions to obtain the patient's consent (P = .014).

conclusionsIn cases in which the dentist was found legally responsible, the proportion of cases involving procedural negligence with the explanation of medical guidance was significantly higher. Dentists should pay careful attention not only to the patient's consent but also to their explanations, including "medical guidance." Moreover, they should recognise that inappropriate explanations correlate with serious errors.

Indexed as

Liability, LegalMalpracticeDentistsHumansJapanDental malpracticeDentistDuty of explanationLegal liability

Identifiers

PMID33581870
PMCPMC9275357

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LicenceCC BY-NC-ND
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Read under generation 80e0d062 · epoch 390. Bibliography from PubMed, PubMed Central and OpenAlex; grants from NIH RePORTER; trial links from ClinicalTrials.gov; estimates, votes and beliefs from the OpenQuestion graph.