The denturist is particularly required to inform them about prosthetic procedures and must respect this obligation.
The denturist has professional responsibilities, he is obliged to inform his patient about the different possibilities of achievements which he proposes, their usefulness, their use and the frequent normally foreseeable risks which they involve. He must also explain the different possible solutions, as well as the possible consequences of refusing to carry out the project.
Different possibilities and production techniques must be proposed.
When there are no alternatives this must be indicated and justified.
information obligation
it is essential because it allows the patient to make an informed choice between various achievements and equipment possibilities. If the denturist does not respect it, he incurs responsibility, in particular for the loss of opportunity to choose what suits him best. Except in the hypothesis of a single technical or therapeutic possibility.
It is the professional's responsibility to prove by all means that he has correctly fulfilled this obligation (article L 1111-2 of the Public Health Code). Generally, before prosthetic construction, the patient signs a form on which all the mandatory information appears. If the denturist claims to have provided them orally, he will have to demonstrate this. He must, for example, point out the risks of discomfort following the fitting of a prosthesis or difficulty adapting.
Poor execution of care by the denturist
Responsibilities/responsibility:
Results requirement
In the case of a prosthesis, the denturist has two types of responsibilities. For the supply of the device, he has an obligation of result: any defect engages his responsibility, since manufacturing is a technical act devoid of hazards and he must carry out all the checks.
Professional responsibilities of defective prosthesis:
The denturist who equips his patient with a defective prosthesis is therefore automatically responsible (without having committed any fault) for the damage caused by his product (article 1245 of the Civil Code). Under the contract binding him to his patient, required to provide him with equipment capable of “providing the service he can legitimately expect” (Court of Cassation, December 9, 2010, no. 09-70407).
In other words, he should do everything possible to resolve the problem. Thus, the denturist must adapt the resistance of the prosthesis to the jaw of his patient (Court of Cassation, November 23, 2004, no. 03-12146).
For installation, which is not an act of care in the case of removable prostheses, the practitioner has an obligation of means:
In the event of inflammatory and infectious problems before or after fitting the prostheses, the Denturist will be held responsible for not having tried to remedy them by referring the patient to a health professional for adequate care and treatment.
Responsibilities similar to dental surgeons
Responsibilities /
Obligation of means
The denturist must, by virtue of the contract he enters into with his client, provide attentive work consistent with the professional data acquired, both at the stage of technical diagnosis and at that of treatment and its execution.
He is subject to an obligation of means. The Public Health Code specifies, in fact, that health professionals (including the Denturist) are only responsible for the harmful consequences of acts of prevention, diagnosis or care in the event of fault (article L 1142-1).
Thus, the Denturist may be deemed responsible if, faced with a problem which is beyond his knowledge, he does not refer his patient to the competent specialists and his error causes harm. Ditto when his choice reveals a serious misunderstanding of the act carried out. A professional who commits negligence or clumsiness is also responsible. These are often presumed when a common achievement results in abnormal damage.
Exemption from liability of the denturist
No fault/responsibility
The patient can only hold the denturist liable if he demonstrates a fault or defect in the prosthesis. He must, in addition, prove that the damage for which he is seeking compensation has its cause there. Generally, it is necessary to have recourse to an expert, by asking the court to appoint him. The judge will be able to decide on the basis of his report. If there is no fault or defect in the equipment, the denturist will be exonerated. Likewise if the link between the damage and its intervention is not established.
Predisposition of the victim
If it appears that the disorder from which a patient suffers after an appliance is due to a personal predisposition, the professional cannot be held accountable, in the absence of a direct causal link. This is the case if the inconveniences of which a patient complains originate from improper use of the appliance or poor oral hygiene and not caused by the appliance.
The assessment of the damage
When the denturist's fault results in an injury, the situation is simple, the damage being assessed by expert opinion. But it becomes complicated when the fault causes the patient to lose the chance to refuse the treatment or to choose another, and therefore perhaps to avoid the damage suffered. This “loss of luck” is assessed on a case-by-case basis by the judges.
They first check that the patient has certainly lost a more favorable possibility: this is the case if he has not been informed of more favorable protocols; conversely, it is not admissible if, even when informed, he had no alternative to prosthetic construction. If there is a loss of opportunity, the damage is assessed by retaining either the amount set by an expert, or as a percentage of it.
to have : dentist-professional-responsibility
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