Civil liability related to imaging exams in Brazil
Autor(a) principal: | |
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Data de Publicação: | 2015 |
Outros Autores: | , , , |
Tipo de documento: | Artigo |
Idioma: | por |
Título da fonte: | Brazilian journal of oral sciences (Online) |
Texto Completo: | https://periodicos.sbu.unicamp.br/ojs/index.php/bjos/article/view/8640838 |
Resumo: | Aim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involvement of imaging exams, the defendant professional, the reasons of claims and convictions, and indemnity were evaluated. Results: Of the 359 selected lawsuits, physicians were defendants in 71%, radiologist physicians in 10.6% and dentists in 18.4%. The prevalence of physicians found liable was related to the lack or delay in requesting the imaging exams (49.6%), and among radiologist physicians, misdiagnosis (47.1%). Considering the dentists, imaging exams had mostly an indirect involvement, and failure of the proposed treatment (73.8%) was the most prevalent cause of dentists found liable; no radiologist was sued. Regarding indemnity, 50% of lawsuits resulted in compensation up to R$ 20,000 (US$ 8,583). Conclusions: Misdiagnosis was the main cause of claims and radiologists were found liable. The medical field showed the largest absolute number of claims and physicians were found liable, but the highest proportion was directed to dentists. |
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UNICAMP-8 |
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Brazilian journal of oral sciences (Online) |
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Civil liability related to imaging exams in BrazilDamage liabilityJurisprudenceMalpracticeTomographyRadiographyOdontologiaAim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involvement of imaging exams, the defendant professional, the reasons of claims and convictions, and indemnity were evaluated. Results: Of the 359 selected lawsuits, physicians were defendants in 71%, radiologist physicians in 10.6% and dentists in 18.4%. The prevalence of physicians found liable was related to the lack or delay in requesting the imaging exams (49.6%), and among radiologist physicians, misdiagnosis (47.1%). Considering the dentists, imaging exams had mostly an indirect involvement, and failure of the proposed treatment (73.8%) was the most prevalent cause of dentists found liable; no radiologist was sued. Regarding indemnity, 50% of lawsuits resulted in compensation up to R$ 20,000 (US$ 8,583). Conclusions: Misdiagnosis was the main cause of claims and radiologists were found liable. The medical field showed the largest absolute number of claims and physicians were found liable, but the highest proportion was directed to dentists.Universidade Estadual de Campinas2015-03-29info:eu-repo/semantics/articleinfo:eu-repo/semantics/publishedVersionhttps://periodicos.sbu.unicamp.br/ojs/index.php/bjos/article/view/8640838Brazilian Journal of Oral Sciences; v. 14 n. 1 (2015): Jan./Mar.; 10-15Brazilian Journal of Oral Sciences; Vol. 14 No. 1 (2015): Jan./Mar.; 10-151677-3225reponame:Brazilian journal of oral sciences (Online)instname:Universidade Estadual de Campinas (UNICAMP)instacron:UNICAMPporhttps://periodicos.sbu.unicamp.br/ojs/index.php/bjos/article/view/8640838/8370Copyright (c) 2015 Mathias Pante Fontana, Gabriela Salatino Liedke, Helena da Silveira Fontoura, Heraldo Luis Dias da Silveira, Heloísa Emilia Dias da Silveirahttps://creativecommons.org/licenses/by/4.0info:eu-repo/semantics/openAccessFontana, Mathias PanteLiedke, Gabriela SalatinoFontoura, Helena da SilveiraSilveira, Heraldo Luis Dias daSilveira, Heloísa Emilia Dias da2023-10-02T12:35:20Zoai:ojs.periodicos.sbu.unicamp.br:article/8640838Revistahttps://periodicos.sbu.unicamp.br/ojs/index.php/bjos/PUBhttps://periodicos.sbu.unicamp.br/ojs/index.php/bjos/oaibrjorals@fop.unicamp.br||brjorals@fop.unicamp.br1677-32251677-3217opendoar:2023-10-02T12:35:20Brazilian journal of oral sciences (Online) - Universidade Estadual de Campinas (UNICAMP)false |
dc.title.none.fl_str_mv |
Civil liability related to imaging exams in Brazil |
title |
Civil liability related to imaging exams in Brazil |
spellingShingle |
Civil liability related to imaging exams in Brazil Fontana, Mathias Pante Damage liability Jurisprudence Malpractice Tomography Radiography Odontologia |
title_short |
Civil liability related to imaging exams in Brazil |
title_full |
Civil liability related to imaging exams in Brazil |
title_fullStr |
Civil liability related to imaging exams in Brazil |
title_full_unstemmed |
Civil liability related to imaging exams in Brazil |
title_sort |
Civil liability related to imaging exams in Brazil |
author |
Fontana, Mathias Pante |
author_facet |
Fontana, Mathias Pante Liedke, Gabriela Salatino Fontoura, Helena da Silveira Silveira, Heraldo Luis Dias da Silveira, Heloísa Emilia Dias da |
author_role |
author |
author2 |
Liedke, Gabriela Salatino Fontoura, Helena da Silveira Silveira, Heraldo Luis Dias da Silveira, Heloísa Emilia Dias da |
author2_role |
author author author author |
dc.contributor.author.fl_str_mv |
Fontana, Mathias Pante Liedke, Gabriela Salatino Fontoura, Helena da Silveira Silveira, Heraldo Luis Dias da Silveira, Heloísa Emilia Dias da |
dc.subject.por.fl_str_mv |
Damage liability Jurisprudence Malpractice Tomography Radiography Odontologia |
topic |
Damage liability Jurisprudence Malpractice Tomography Radiography Odontologia |
description |
Aim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involvement of imaging exams, the defendant professional, the reasons of claims and convictions, and indemnity were evaluated. Results: Of the 359 selected lawsuits, physicians were defendants in 71%, radiologist physicians in 10.6% and dentists in 18.4%. The prevalence of physicians found liable was related to the lack or delay in requesting the imaging exams (49.6%), and among radiologist physicians, misdiagnosis (47.1%). Considering the dentists, imaging exams had mostly an indirect involvement, and failure of the proposed treatment (73.8%) was the most prevalent cause of dentists found liable; no radiologist was sued. Regarding indemnity, 50% of lawsuits resulted in compensation up to R$ 20,000 (US$ 8,583). Conclusions: Misdiagnosis was the main cause of claims and radiologists were found liable. The medical field showed the largest absolute number of claims and physicians were found liable, but the highest proportion was directed to dentists. |
publishDate |
2015 |
dc.date.none.fl_str_mv |
2015-03-29 |
dc.type.driver.fl_str_mv |
info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion |
format |
article |
status_str |
publishedVersion |
dc.identifier.uri.fl_str_mv |
https://periodicos.sbu.unicamp.br/ojs/index.php/bjos/article/view/8640838 |
url |
https://periodicos.sbu.unicamp.br/ojs/index.php/bjos/article/view/8640838 |
dc.language.iso.fl_str_mv |
por |
language |
por |
dc.relation.none.fl_str_mv |
https://periodicos.sbu.unicamp.br/ojs/index.php/bjos/article/view/8640838/8370 |
dc.rights.driver.fl_str_mv |
https://creativecommons.org/licenses/by/4.0 info:eu-repo/semantics/openAccess |
rights_invalid_str_mv |
https://creativecommons.org/licenses/by/4.0 |
eu_rights_str_mv |
openAccess |
dc.publisher.none.fl_str_mv |
Universidade Estadual de Campinas |
publisher.none.fl_str_mv |
Universidade Estadual de Campinas |
dc.source.none.fl_str_mv |
Brazilian Journal of Oral Sciences; v. 14 n. 1 (2015): Jan./Mar.; 10-15 Brazilian Journal of Oral Sciences; Vol. 14 No. 1 (2015): Jan./Mar.; 10-15 1677-3225 reponame:Brazilian journal of oral sciences (Online) instname:Universidade Estadual de Campinas (UNICAMP) instacron:UNICAMP |
instname_str |
Universidade Estadual de Campinas (UNICAMP) |
instacron_str |
UNICAMP |
institution |
UNICAMP |
reponame_str |
Brazilian journal of oral sciences (Online) |
collection |
Brazilian journal of oral sciences (Online) |
repository.name.fl_str_mv |
Brazilian journal of oral sciences (Online) - Universidade Estadual de Campinas (UNICAMP) |
repository.mail.fl_str_mv |
brjorals@fop.unicamp.br||brjorals@fop.unicamp.br |
_version_ |
1800216397703282688 |