Obligation of Results in Dental Aesthetics: A Critical and Comparative Review from a Chilean Perspective

Dentistry has evolved from a curative to an aesthetic approach, generating regulatory gaps. This review examines the implications of a potential obligation of results in aesthetic dentistry and its impact on civil liability, comparing Chilean regulations with those of other countries. A literature review focused on obligations of means, results, aesthetic dentistry and civil liability. This was supplemented by a comparative analysis of Chilean regulations with those of other countries. In Chile, the current and enforced regulations establish general obligations for dentists, but do not specifically regulate the obligation of results in aesthetic procedures. In Italy, the distinction between means and results has been eliminated, requiring dentists to guarantee a specific result in aesthetic treatments. In Spain and Colombia, although the regulation is less precise, jurisprudence tends to recognize the obligation of results in certain cases. While in Brazil dental aesthetics is primarily an obligation of means (except for explicit promise of results), in Argentina the health professional is prohibited from ensuring results, and in aesthetic dentistry it may imply being responsible for the final consequences of this type of treatment. The lack of clarity in Chilean regulation generates uncertainty for dentists and patients, as there are no clear guidelines on expected results. This legal vacuum has led to disparate judicial interpretations, where unrealistic expectations of patients increase the risk of legal conflicts. Chile requires more specific regulation in aesthetic dentistry to clearly define the obligations of means and results, protecting professionals and patients. Appropriate management of expectations through informed consent and detailed documentation are essential to prevent legal issues and improve the application of dental civil liability.

KEY WORDS: aesthetics, obligation of means, obligation of results, legal odontology, professional liability.