Análise das jurisprudências sobre alegado erro odontológico em tratamentos ortodônticos no Brasil
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2017-03-20
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Universidade Federal de Goiás
Resumo
Once the dentist is inserted in a social context, his professional performance is
mediated by laws that may require compensation, as financial claims, for the
damages caused to the patients. The literature has pointed out a significant increase
in the lawsuits that dentists are involved, being orthodontics among the specialties
most enrolled in these litigations. This study aimed to analyze the judicial decisions
on second instance that involved Orthodontics in alleged dental error in Brazil. An online
search was done on the virtual pages of the Courts of Justice of the Brazilian
states and the Federal District, searching for decisions that were published until
December 31st, and that had the orthodontic treatment as central focus. The following
keywords were used in the search: erro AND odontológico; erro AND odontologia;
ortodontia; aparelho AND dentário; dentário; ortodôntico. Data regarding the profile
of the parties, monetary amounts involved, contractual obligation, type of civil liability
considered and the judgments of judicial decisions were collected. A total of 319
judgments that were in line with the scope of research were found, and in 38.6% of
them, the main reason for initiating the lawsuit was dissatisfaction with the
orthodontic treatment. In 52.4% of the cases, there was absolution of the dentist. The
conviction in the first instance and the fact that orthodontic treatment was considered
as a contractual obligation of result had a statistically significant influence (p <0.05)
on the conviction frequencies of the professionals in the second instance. Through
this study, it can be concluded that, in Brazil, most patients who demand dentists for
malpractice in orthodontic therapy claimed to be dissatisfied with the treatment
outcome. The conviction on the singular jury decision and the contractual obligation
of the Orthodontics influenced the frequency of second-degree convictions.
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PICOLI, F. F. Análise das jurisprudências sobre alegado erro odontológico em tratamentos ortodônticos no Brasil. 2017. 98 f. Dissertação (Mestrado em Odontologia) - Universidade Federal de Goiás, Goiânia, 2017.