Criminal Liability of Dentists for Using Substandard Materials in Restoring and Implanting Patients' Teeth

Abstract

The use of substandard, counterfeit, or non-standard materials in dental treatments has been one of the most important factors in causing physical injuries, treatment failure, and increasing patient complaints in recent years. This study aimed to investigate the dimensions of criminal, civil, and disciplinary liability of dentists for using substandard materials in restoring and implanting teeth. The research method is descriptive-analytical and based on the study of laws, regulations, jurisprudential sources, and international standards. The findings show that, according to Articles 495 and 496 of the Islamic Penal Code, the use of substandard materials—even without causing harm—can be considered a violation or crime, and in the event of harm, the dentist may be sentenced to pay blood money, compensation, or criminal penalties. From the perspective of Islamic jurisprudence, the rules of non-harm, waste, attribution, pride, and honor of deception guarantee the physician against any harm—even unintentionally. A comparative analysis with the legal systems of the United States, Germany, France, and Turkey shows that strict supervision of the quality of materials and the requirement to use equipment with CE and FDA standards play an important role in reducing harm. Finally, suggestions are presented for amending laws, strengthening supervision, professional training, and improving medical standards.