Law Governing Cross-Border Disputes in Prosthetic Dentistry

Medical tourism, including in the fields of prosthetic and maxillofacial dentistry, is a rapidly developing segment of the global healthcare industry. With the development of new technologies, such as 3D printing and dental implants, increasing numbers of patients are traveling abroad for dental treatment. This study demonstrates the complex legal consequences of medical errors in prosthetic dental treatment and clarifies the subtleties of professional fault according to the principles of law, and highlights the dual ergonomic and aesthetic aspects of prosthetic dentistry that differentiate it from direct therapeutic interventions and complicate both demonstration of harm and attribution of responsibility. It addresses the principles of private international law governing conflicts of law, and clarifies how the applicable law is determined when dentist and patient are from different countries, or when treatment has occurred abroad. It also provides a comparison of international regulations and legislation protecting patient rights, such the Oviedo Convention and the World Health Organization Declaration, and exposes the lack, in national laws, of any specific rules governing dental medical liability. The study concludes by stressing the need to increase dentists' understanding of the law, create new ways, such as mediation and arbitration, to settle disputes, and create a unified, global legal framework for medical responsibility in prosthetic dentistry.