Levantamento de jurisprudências de responsabilidade civil contra cirurgiões-dentistas nos tribunais de justiça

Abstract

Introduction: The increase in the number of lawsuits, facilitated by the institute of law in detriment of the professional, justifies the importance of the Dentist to know the situations that imply civil liability in their profession. Objective: To carry out a survey of the jurisprudence of Civil Responsibility involving Dentists in the Northeastern States. Methodology: Inductive approach was used, with data collection procedure and indirect observation technique. A total of 20 cases were collected from the websites of the Courts of Justice of the Northeast of Brazil, from January 2012 to August 2018. In the field of consultation related to jurisprudence, we examined key words that relate to a dentist, using the axes guiding factors as: generating factor: Contractual or Extracontractual relationship; the type of obligation assumed, the basis: subjective or objective theory; the agent: direct or indirect responsibility and types of specialties involved. Results: The Northeastern states that most presented Jurisprudence were Paraíba (25%) and Rio Grande do Norte (25%). The most prevalent type of responsibility was Contractual (70%), the type of obligation verified was the Result (50%), followed by Medium Obligation (10%), it was still observed that 40% of the processes did not have this definition . The type of responsibility most found was subjective (40%), followed by the objective (25%) in relation to the type of responsibility of the agent 90% of the cases were undefined. The most frequent specialties in the processes were: Implantology (30%), Prosthesis (20%), Orthodontics (20%), followed by Surgery (15%), Endodontics (10%) and Dentistry (5%). Conclusion: This study shows that despite the lack of information in part of jurisprudence, it is perceived that the responsibility of the dental surgeon is usually interpreted as subjective, of contractual origin, with an obligation of result.