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KMID : 0986720170250020107
Korean Journal of Medicine and Law
2017 Volume.25 No. 2 p.107 ~ p.132
Scope of Duty to Disclose by Comparing the Civil and Criminal Liability of dental implant Dentists
Lee Duk-Ku

Kim Ki-Young
Abstract
The purpose of this paper is to examine the dental clinician"s responsibilities in the area of duties, especially in the field of implant dentistry, to see what can be defined as the level of medical care. In addition, a comparative legal review of the standards of duty in Germany and the United States has examined the so-called "Informed Consent" - the requirements for the patient to be informed about his or her medical situation through the analysis to a number of cases
In this study, we focus on two main parts: the basic principles of dentist"s criminal responsibility, the important issues of duty, and dentist"s duty to disclose, in particular the problems of nerve damage due to implant surgery. We also introduce the discussions of Germany and the United States of America about the constitution and the legal system of each country.
With the dentist"s duties of disclosure, especially with respect to implants, we categorize and review the dentist"s duties of disclosure in various individual areas. In addition, we detailed differences and similarities by comparing the level of explanatory duty with the level of medical care in United States and Germany, we summarize the implications of the civil law as well as the criminal law. The potential utility of the range of informed consent can be made to present the basic parts of the explanation of the implants through comparative legal review and case examples of dentists" duty to inform.
KEYWORD
Malpractice, Dentist, Informed Consen, damage, dental implant surgery
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