Análise das jurisprudências sobre alegado erro odontológico em tratamentos ortodônticos no Brasil

• Autor(a) principal: Picoli, Fernando Fortes
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• dARK ID: ark:/38995/0013000003fg0
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/7193
• topic: Erros médicos; Ortodontia; Responsabilidade civil; Damage liability; Medical errors; Orthodontics; ODONTOLOGIA::CLINICA ODONTOLOGICA

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.