Abstract
New Frontiers in Orthodontic Therapy: Changes in the Obligation of Means and Result
by Ceretti Gabriella
Healthcare liability concerns all acts connected to the professional activity of the doctor, who must commit himself according to an “obbligazione di mezzi”: he needs to guarantee a behaviour that complies with the principles of good practice – complying with rules of ethics and law, pursuing the preservation or recovery of the patient's health and updating to the best of the technical and scientific knowledge of the moment. However, the doctor assumes an “obbligazione di risultato”, when he guarantees the patient an optimal result, often impossible, through erroneous conviction or tendency to reassure the patient excessively, almost exorcising a possible unsatisfactory evolution of the medical act. This occurrence is frequent in surgery and aesthetic medicine. The authors are going to illustrate the current jurisprudential orientation (latest Judgement of the Corte di Cassazione). In fact, it is up to the doctor to communicate to the patient what his pre-existing clinical situation is, to propose possible therapeutic alternatives (even techniques that he does not apply directly, due to technical or organizational deficiencies), to plan the treatment and monitor the therapy. Today great support is given by digital devices, which allow to carry out clinical checks more frequently, remotely, reducing economic and human costs (in terms of time), both for the doctor and for the patient. Finally, the implications of the patient's expectations must be taken into account and the sharing of the treatment result can reverberate in the care commitment undertaken by the professional, especially when the patient's dissatisfaction with the result obtained translates into the onset of a dispute.
Learning Objectives
After this lecture, you will be able to correctly propose consent and optimize communication
After this lecture, you will be able to avoid overtreatment
After this lecture, you will be able to define therapy time
New Frontiers in Orthodontic Therapy: Changes in the Obligation of Means and Result
by Di Michele Pietro
Healthcare liability concerns all acts connected to the professional activity of the doctor, who must commit himself according to an “obbligazione di mezzi”: he needs to guarantee a behaviour that complies with the principles of good practice – complying with rules of ethics and law, pursuing the preservation or recovery of the patient's health and updating to the best of the technical and scientific knowledge of the moment. However, the doctor assumes an “obbligazione di risultato”, when he guarantees the patient an optimal result, often impossible, through erroneous conviction or tendency to reassure the patient excessively, almost exorcising a possible unsatisfactory evolution of the medical act. This occurrence is frequent in surgery and aesthetic medicine. The authors are going to illustrate the current jurisprudential orientation (latest Judgement of the Corte di Cassazione). In fact, it is up to the doctor to communicate to the patient what his pre-existing clinical situation is, to propose possible therapeutic alternatives (even techniques that he does not apply directly, due to technical or organizational deficiencies), to plan the treatment and monitor the therapy. Today great support is given by digital devices, which allow to carry out clinical checks more frequently, remotely, reducing economic and human costs (in terms of time), both for the doctor and for the patient. Finally, the implications of the patient's expectations must be taken into account and the sharing of the treatment result can reverberate in the care commitment undertaken by the professional, especially when the patient's dissatisfaction with the result obtained translates into the onset of a dispute.
Learning Objectives
After this lecture, you will be able to correctly propose consent and optimize communication
After this lecture, you will be able to avoid overtreatment
After this lecture, you will be able to define therapy time
