Date of Award

Fall 1989

Document Type

Thesis - Restricted

Degree Name

Master of Science (MS)

Department

Dentistry

Abstract

Dental malpractice is a growing concern within the community of practicing orthodontic specialists. Paranoia, fear and uneasiness among practicing orthodontists is increasing with thoughts that, sooner or later, one of their patients will bring a malpractice suit without good cause. Furthermore, the potential of malpractice suits has to a degree endangered the patient-doctor relationship making it a less personal and a more distant relationship. This study was conducted to appraise the various factors instrumental in the precipitation of orthodontic malpractice claims and litigation and to assess who is responsible for claims of malpractice of its kind and from the consumer. It is the first investigation focuses on the incidence of and reasons for orthodontic malpractice involving orthodontists and nonorthodontists doing orthodontics. The study is based on seven distinct categories of information, all related to the issue of orthodontic malpractice: 1) appellate case decisions involving orthodontist specialists in the United States, 2) appellate cases in the state of Wisconsin, 3) verdict decision cases in Wisconsin, 4 ) claims handled by insurance companies that are licensed in the State of Wisconsin to underwrite malpractice insurance coverage, 5) Wisconsin Dental Association peer review cases pertaining to orthodontic treatment, 6) Wisconsin Society of Orthodontists peer review cases, 7) disciplinary actions taken by the Wisconsin Dental State Board. The conclusion of this study is that factors unrelated to what is legally defined as dental negligence are more important in precipitating malpractice claims against orthodontists than are negligence factors.

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