Abstract
The dental contract is a usually unwritten agreement between a dentist and a patient, with on the one hand the dentist’s commitment to advice and/or treat the patient and on the other hand the patient’s obligation to pay the dental fee.
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- 1.
In Bolam versus Friern Hospital Management Committee (UK ) the judge said it like this: “where you get a situation which involves the use of some special skill or competence, then the test as to whether there has been negligence or not is not the test of the man on the Clapham omnibus because he has not got that special skill. The test is the standard of the ordinary skilled man exercising and professing to have that special skill”.
- 2.
Schloendorff v Society of New York Hospital, 105 NE 92, 93, 1914.
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Ferguson vs Hamilton Civic Hosp. “It is inappropriate for a doctor to explain a procedure and its risks to the patient outside the operation room just before it is to be performed and just after the patient has been given Valium to allay his or her anxiety”.
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“The duty of the physician to disclose, however, is limited to those disclosures which a reasonable medical practitioner would make under the same or similar circumstances” USA, K[3]ansas. “The test of liability in respect of a doctor’s duty to warn his patient of risks inherent in treatment recommended by him was the same as the test applicable to diagnosis and treatmen[4]t, namely that the doctor was required to act in accordance with a practice accepted at the time as proper by a responsible body of medical opinion” UK.
- 5.
Figgener L (2006) Aktuelle Rechtsprechung zum Zahnärztlichen Haftpflichtrecht, ZNN 5:5–10.
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The Law of 31 march 2010 on Compensation for accidents during medical treatment.
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Vermylen, Y. (2014). Liability in Dentistry: Belgium. In: Rötzscher, K. (eds) Forensic and Legal Dentistry. Springer, Cham. https://doi.org/10.1007/978-3-319-01330-5_5
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DOI: https://doi.org/10.1007/978-3-319-01330-5_5
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