Abstract
ABSTRACTObjective: the present study aimed at evaluating the risks and vulnerability of orthodontists to legal compensation actions and verifying the hypothesis of these health care professionals having little knowledge concerning their rights and obligations as service providers. Methods: Three groups were formed to participate in a semi-structured interview. The first group had thirteen law professionals, the second group was composed of eleven orthodontists and the third group was made up of nine randomly selected orthodontic patients. Results: Relevant aspects related to the exercise of the professional activity of orthodontists that influence on the vulnerability of orthodontists in lawsuits were identified. After transcription, reading, and comparing the answers of the interviews, items capable of influencing judicial decisions, from the standpoint of Brazilian Justice Courts, were evaluated. Conclusion: It was verified that Brazilian orthodontists do not have adequate formation concerning the legal consequences of the exercise of their professional activity. Orthodontists also failed to establish proper contractual relationship, organize orthodontic records, and, most importantly, failed in communicating the risks and the therapeutic processes to patients during all phases of treatment.
Highlights
Dentists, orthodontists, are potential targets for compensation lawsuits and frequently find themselves unprepared, facing unnecessary risks of legal actions concerning their treatment[1]
The interviews showed that relevant domains and items related to the exercise of the activity of orthodontist influence directly on the vulnerability of these professionals when confronted with judicial decisions involving compensation suits
Patient-orthodontist relationship In the three groups used in the interviews, a failure of the patient-professional relationship could be observed as a triggering element for legal compensation actions or as a real background for the start of lawsuits
Summary
Orthodontists, are potential targets for compensation lawsuits and frequently find themselves unprepared, facing unnecessary risks of legal actions concerning their treatment[1]. Cases involving the specialties of oral maxillofacial surgery and orthodontics, quite were the most involved specialties in legal actions with the Court of Justice of Rio Grande do Sul (Brazil), between 2007 and 2010.2. Orthodontists’ liability, as well as other health professionals, is based on the tripod of criminal, ethical and civil liabilities.[10,11] Unlike criminal responsibility, of little occurrence in dentistry,[12,13] civil responsibility in the Brazilian law system provided fertile ground for its evolution, from the Civil Code of 1916 to its substitution in 2002, as well as the Consumer Defense Code[14] in 1990 and, more recently, validity of the New Civil Process Code.[15,16] Civil responsibility consists in determining the obligation for reparation of harm caused to others, and it is based, on represented assumptions by a legal action (or right violation) and harm (material or moral) associated with a casual connection.[17,18,19]
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