Compensation for Incidents During Dental Procedures

Article 590 of the 2015 Civil Code stipulates damages for health infringements, including:

- Reasonable expenses for medical treatment, nourishment, and recovery of lost or diminished health and functions of the injured party;

- Actual lost or diminished income of the injured party; if the actual income of the injured party is unstable and cannot be determined, the average income level of similar laborers shall be applied;

- Reasonable expenses and actual lost income of the caretaker of the injured party during the treatment period; if the injured party loses the ability to work and requires regular care, the damage includes reasonable costs for caring for the injured party;

- Other damages as specified by law.

The party responsible for compensation in cases of health infringement of another person must compensate for the damages under this provision and an additional sum to cover mental anguish suffered by that person. The compensation for mental anguish shall be agreed upon by the parties; if no agreement is reached, the maximum compensation for one individual suffering health infringement shall not exceed fifty times the statutory pay rate set by the State.

As such, in principle, the compensation will be agreed upon by both parties based on the factors mentioned above. If no agreement can be reached, the injured party may file a lawsuit with the Court to request resolution.

Respectfully!