Ley de mala práctica profesional un análisis desde la óptica odontológica

Abstract

The purpose of this review article is to extract the reality of Ecuador about dental malpractice. The professional malpractice at present is a factor that affects both the health and life of the patient, as well as that of the professional by the current law of medical malpractice and the Organic Comprehensive Criminal Code in article 146: Guilty homicide for professional malpractice that punishes a certain procedure. It is can be defined as the wrong act of a health professional who, due to the lack of skill or knowledge, causes harm to the patient. The Constitution of the Republic of Ecuador protects life and health as a primary duty of the State, seeking community and participatory social development, thus seeking the physical and psychological balance of the human being, called health - in addition to the protection that carries out the same criminal legislation. Given the increase in demands that increment in the actuality, it is a reason to investigate and contribute solid knowledge for health professionals and the general population. One of these areas is the specialty of dentistry, which represents a specific field of liability requirement, where these punitive acts are dealt with in criminal matters. For this reason it is concluded that, for the correct exercise of dental work, the professional must be trained and specialized to carry out their work in the specific dental field that has specialized, appropriately using the instruments during practice, of the legal repercussions of malpractice must be considered in the same way, to raise awareness among professionals and reduce the risk of facing legal problems, achieving a change of attitude in the negative aspects of professionals in the dental branch, in addition to encouraging to provide quality service to the community.