Orthodontic Treatment by General Dentists and Orthodontic Specialists: Facts and Law as Torts for Latent Harm

บทคัดย่อ

Abstract

This article explores the factual and legal issues arising from torts related to orthodontic treatment performed by general dentists lacking specialized expertise. It addresses latent harm, where damages are not immediately apparent. Such issues are prevalent in many countries where "general dentists" can perform orthodontics, even in the United States and Australia. The article analyzes the complexities in proving and claiming damages, including correcting misconceptions of harmed individuals who believe they cannot hold general dentists accountable, as seen in public Q&A forums in Thailand. This study is written from the perspective of an attorney who discovered being a victim of inadequate orthodontic treatment by a general dentist. Personal medical data are presented as case studies to support the analysis. Data were collected through reviews of legal documents, dental research articles from both Thai and international sources. The study references the guidelines of dental organizations in Thailand compared to other countries and specific case examples of damages from fixed orthodontic appliances. The findings highlight significant gaps and impacts on patients, using scientific dental research to explain dental damages and liabilities. This article aims to benefit all countries still allowing general dentists without specialized training to perform orthodontics and to provide comparative legal guidelines for potential adjustments in their own cases.