According to the jurisprudence of the benefits that the dentist provides the patient Federal Court from the contract of mandate pursuant to art . 394 ff of the Code of Obligations.
Under these provisions it is the agent ( dentist ) to meet with the principal ( the patient ) proper and faithful execution of the warrant . The practitioner is therefore committed to the accepted rules of dentistry but is not required to guarantee results . This rule also applies to services covered by the LAA , KVG and social insurance.
When the practitioner clearly breached its duty of care he commits misconduct . It responds within 10 years from the end of treatment ( prescription ) .
The successful implementation of the mandate also extends the obligation to inform the patient about the treatment provided and their consequences, which is particularly true for surgical procedures .
Also under the contract terms , the practitioner also responsible for dental work technique.
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