JURISPRUDENCE’ SURVEY OF CIVIL LIABILITY CASES AGAINST DENTISTS IN BRAZILIAN COURTS OF JUSTICE

Abstract

Objective: To survey the case law of civil liability undertaken by patients against dentists in Brazilian states between 2006 and 2011. Material and Methods: Data were collected from websites of the Courts of Justice of each state, taking into account: obligation’ nature, its ground, the agent and dental specialties more involved. We carried out the calculation of coefficient of legal experience by dividing the number of cases per number of dentists registered at Federal and Regional Councils. Then, descriptive analysis was conducted. Results: The sample comprised 1046 jurisprudence and Sao Paulo and Rio de Janeiro showed the highest numbers of cases. Regarding the type of obligation assumed by dentists, 9.51% considered the result as the final aim of dentist-patient relation, while in 77.57% this information was not cited. Dentist’s responsibility was defined as subjective in 14.31% of jurisprudence, but in 70.33% it was not classified. The Brazilian coefficient of legal experience was 4.23 and the states that showed the highest values were Rio de Janeiro (11.75) and the Federal District (6.81). Regarding dental specialties, dental implants (11.53%) and prosthetics (9.3%) were the most cited. Conclusion: The Brazilian coefficient of legal experience is high and, despite the lack of information on some jurisprudence, it is clear that the responsibility of the dentist is usually interpreted as subjective, as source contract, with an obligation of result. DESCRIPTORS: Forensic Dentistry. Ethics, Dental. Dentist-Patient relations. Damage liability.