Safety in avoiding dental malpractice
Ruling of the Higher Regional Court Munich of 18 January 2017
with its ruling of 18 January 2017 (Reference 3U 5039/13), the Higher Regional Court Munich has decreed that screening to clarify a masked craniomandibular dysfunction (CMD) prior to prosthetic therapy is a medical standard.
The court ascertained that in the case of two or more positive findings, the presence of a CMD can be assumed which requires a differentiated functional analysis prior to initiating treatment.
Neglecting the necessary screening prior to a prosthetic restoration therefore represents an ascertainment error in findings.
The ruling shows that dentists are recommended to keep a seamless documentation of all findings, even those without results, not only for forensic reasons but also to be on the safe side legally.
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