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A further elaboration of these 137 cases is displayed in table 10. In the 'technical<br />

complication' group the problems were insufficient root-filling quality and in the<br />

'incorrect treatment' group persisting infection was the commonest.<br />

If the dentist had explained why it was not possible to reach the best technical result,<br />

for example due to difficult root canal anatomy the dentist was found not guilty. In<br />

case of separated instruments (Table 10) the vast majority of the involved teeth were<br />

multi-rooted and the dentist was found guilty of malpractice if the root canal anatomy<br />

was simple, the root filling on top of the instrument was defective, apical pathology<br />

was persistent, or the patient was not informed. In no case was the absence or<br />

presence of rubber dam commented on by any of the Dental Complaint Boards.<br />

DCB decisions<br />

Verdict of No verdict of<br />

malpractice malpractice Settlement Rejection Total n !%)<br />

Technical complications<br />

Defective root fifling (short, long, leaking, 31 11 2 44 {32.1)<br />

not all root canals root filled)<br />

Separated instrument 10 16 (11.7)<br />

Root perforation (following instrumentation 8 1 9 (6.6)<br />

or post-preparation)<br />

Medicament related (all events after use of 4 (2.9)<br />

a paraform· aldehyde product)<br />

Other complications (e.g. a foreign body in 10 2 12 (8.8)<br />

maxillary sinus, nerve damage)<br />

Incorrect treatment<br />

Symptoms of infection 3 18 23 {16.8)<br />

Tooth was weakenedifractured/extracted 10 12 (8.8)<br />

Treatment related persistent pain 12 14 (10.2)<br />

Incorrect treatment is stated but not further 2 3 (2.2)<br />

detailed<br />

Total 55 74 5 3 137 (100.1)<br />

Sex differem<br />

The female<br />

procedures (<br />

the positive ·<br />

following fac<br />

type','fever',<br />

equal (Stud<br />

frequently u~<br />

sessions per<br />

satisfactory I<br />

about their<br />

perceptions.<br />

was underei<br />

females (Sh<br />

claim (Stud~<br />

related com1<br />

general prop<br />

of complain<<br />

0.0001; x 2 =<br />

who receivec<br />

Table 10. Sub-categorization of "technical complications" and "incorrect treatments" and the DCB<br />

(Dental Complaint Board) decisions 1995-2002. (Source: Table 4, Study VI. Reprinted with permission<br />

from International Endodontic Journal, Wiley-Blackwell, Oxford).<br />

A significantly higher frequency of a verdict of malpractice was noted in the 'technical<br />

complication' group (56%) compared to the 'incorrect treatment' group (13.5% ).<br />

32

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