Study of court decisions on dental errors in the state of Rio Grande do Sul, Brazil

J Forensic Leg Med. 2023 Jul:97:102555. doi: 10.1016/j.jflm.2023.102555. Epub 2023 Jun 23.

Abstract

The professional relationship between dentists and patients is considered as a service provider-client. When the patient-client feels harmed due to dental error, he may seek economic reparation by lodging a lawsuit. The present research analyzed appellate court decisions on dental errors in the state of Rio Grande do Sul, Brazil, from 2003 to 2019. The results show an increase in judgments. The most cited specialties were surgery, orthodontics, implantology, prosthesis, endodontics, periodontics, and general practice. Most appellate court decisions upheld the sentences. A decrease in the number of outcomes pronouncing dentists and/or clinics guilty was observed over the period. Most of the lawsuits were lodged under the Free Legal Assistance program. The high percentage of court decisions citing inclusion of an expert report highlights the importance of expertise in providing judges with technical clarification. Moral injury recorded the highest pecuniary sums, followed by compensation for material damage and aesthetic damage.

Keywords: Civil liability; Forensic dentistry; Forensic science; Jurisprudence; Malpractice.

MeSH terms

  • Brazil
  • Humans
  • Male
  • Malpractice*