Summary
The dentist responsibility on dental interventions during the exercise of his/her activity guides in civil, ethical, administrative and criminal obligations. When a harmful result occurs on a patient whether by recklessness, malpractice and / or negligence, the examination of the injury can be ordered by a judicial authority and held at the expert level, thus making the dentist subject to the Brazilian Penal Code and its penalties. The dentist might be forced to repair the damage and compensate according to the caused consequence, based on the Civil Code, or both and may suffer a double action. With the increase of Dentistry-related processes, the focus of this research is to give greater visibility to the subject, emphasizing the ethical and legal aspects involved in professional practice. To meet this end, we carried out a survey on reports of maxillofacial injuries from the “Instituto Médico Legal Nina Rodrigues”, Salvador-BA-Brazil, from January 2007 to December 2013, analyzing the data on the procedures performed, the reason for the expert’s report and its result, the professional responsibility and the conclusion given by the expert. It was noticed that from the total of personal injury examinations made by dentists, most of the complaints are in the area of surgery (42.9%), followed by Endodontics and Orthodontics with 14.3% each, and in 96 % of cases involved one or more elements of professional liability and 47.4% were classified by experts as minor injuries. It is concluded that the increase in injuries lawsuits generated in service is due to the fact that the dentist does not take responsibility to protect himself/herself from poor results and to perform procedures without having the proper skill. It is therefore suggested, professional training for the acquisition of technical and scientific knowledge in their area, enabling them to act with utmost in care and professionalism.
KEY WORDS: dental care, maxillofacial injuries, forensic dentistry, claims analysis.
How to cite this article
ROVIDA, T. A. S.; DIAS, I. A.; GARBIN, C. A. S. & GARBIN, A. J. I. Evaluation of injury cases for dental intervention described in legal dentistry reports. Int. J. Odontostomat., 9(3):533-539, 2015.
