Civil liability: characterization of the demand for lawsuits against dentists
Braz. oral res. (Online)
;
30(1): e91, 2016. tab, graf
Article
in English
| LILACS
| ID: biblio-952035
ABSTRACT
Abstract In light of the fact that dentists may be held civilly liable for their practice, it is important to understand the current situation of lawsuits filed against these professionals by studying current legal decisions and the literature. The objective of this study was to analyze the case law of the Court of Justice of São Paulo, Brazil, relative to the profile of patients and professionals, the most commonly involved specialties, the amounts litigated and the court decisions pertaining to civil liability lawsuits against dentists. In an inductive approach, a single researcher screened and collected civil liability rulings by accessing the Court's website, and following a statistical-descriptive procedure and an indirect observation technique. The most frequently involved specialty was prosthodontics. However, oral and maxillofacial surgery was related to a higher incidence of damages awarded to settle claims and to higher damage amounts. The dentist was found guilty in 44.32% of the cases researched. Pecuniary damages ranged between R$ 485.50 and R$ 12,530.00, and non-pecuniary damages ranged between R$ 2,500.00 and R$ 70,000.00. Most lawsuits were filed by women against male dentists. An increase in the relative number of lawsuits against companies versus individuals was observed.
Full text:
Available
Index:
LILACS (Americas)
Main subject:
Specialties, Dental
/
Liability, Legal
/
Judicial Role
/
Dentists
Type of study:
Prognostic study
Limits:
Female
/
Humans
/
Male
Country/Region as subject:
South America
/
Brazil
Language:
English
Journal:
Braz. oral res. (Online)
Journal subject:
Dentistry
Year:
2016
Type:
Article
Affiliation country:
Brazil
Institution/Affiliation country:
Universidade Estadual de São Paulo/BR
/
Universidade de São Paulo/BR
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