Responsabilidad civil del profesional ante el evento adverso previsto en el consentimiento informado en endodoncia. El caso de la IPS de la USTA-FOC Bogotá

Abstract

This study describes the legal and bioethical aspects related to the civil liability of the endodontist when adverse events occur that are not explicitly addressed in the institutional informed consent. Objective. To analyze the civil liability of the endodontist in relation to adverse events included in the informed consent used by the IPS of the Colombian Dental Federation and to validate a more robust model. Method. A descriptive methodology with a qualitative analytical component was employed, including documentary analysis of the current informed consent, classification of adverse events from clinical cases, and validation of a new format using the Delphi method with three legal experts. Results. Adverse events such as root canal obstruction due to pulp calcification and accidental swallowing of instruments were identified, whose omission in the original consent could imply malpractice and civil liability. The Delphi analysis showed unanimous consensus on criteria of clarity, sufficiency, and legal feasibility, incorporating adjustments such as: strengthening the regulatory framework, inclusion of specific risks, accessible language, graphic resources, and the addition of Dissent and Withdrawal clauses, ensuring the revocability of consent. Conclusions. The current informed consent requires substantial adjustments to become a preventive tool that strengthens patient autonomy and minimizes legal risks. Expert validation confirmed that the proposed model is legally solid and clinically relevant, representing an advance toward an endodontics-specific consent that integrates clinical warnings, legal support, and clear communication, enhancing protection for both patient and practitioner.