Vol. 11 – Number 42 – 2020
Legal Dentistry Column
Page 6
The strength of the contract for the provision of dental services
Prof. Roberley Araújo Assad
– MSc PhD, Dental Surgeon CRO/PR-7497
– Prof. of Graduate and Postgraduate Coordinator of Orthodontics – Cescage/Ponta Grossa;
– Graduate Professor and Coordinator of Postgraduate Orthodontics – Faculdade Herrero/Curitiba;
– Postgraduate Coordinator of Orthodontics – Soepar/Curitiba;
– Graduate Professor of Orthodontics – Ioa/Avantis/Curitiba – Joinville/SC;
– Graduating in Law – Dom Bosco/Curitiba;
– Orthoscience Scientific Reviewer.
Each onerous procedure (implant, prosthesis and fillings) or dental treatment of short, medium or long duration (orthodontics, rehabilitation and general practice) must have its specific, appropriate and signed contracts, because it is in them that we will have the strength of defense and response against any action or inconvenience that may happen, a fact that is increasingly common in our careers.
Complex specialties such as Pediatric Dentistry, Patients with Special Needs, TMD and Sleep/Snoring Therapies must have clauses that explain specific procedures (Tamponade, patient’s collaboration, techniques specific to the area).
Prevent work accidents under contract: in case of drill fractures, endodontic files or third of roots in surgeries, they must be communicated to the patient and offer full coverage in the case, even if other interventions are necessary to remedy the possibility of negligence, malpractice or recklessness within an ethical conduct and posture.
As our aesthetic services are considered by the courts as services that must prove results (Obligation to End) favorable to patients (changes), it is up to us to undertake and dedicate ourselves fully to our activity that has been contracted to us, in addition to the detailed verbal and written explanation on a case by case basis (Service Contract). However, when we are sought to return well-being (pain relief) and function (TMD, for example), we are faced with an obligation of means, because we can not predict full success because it is a biological area which does not provide any legal guarantee (called unsecured). Let us be clear now: what to do when a patient says they want to sue us? Answer: Call him between four walls and show him the service contract that was “punctually” agreed with him.
Example: After performing dental implants, the patient may, by choice and financial conditions, have chosen acrylic dental prostheses. After some time, and after having seen them on the internet, he arrives at the office/clinic with a visually compromised and altered shade, demanding the ceramic material that he claims to have paid for it. It is at this time that the organization and filing of records containing precisely expressed (punctually) the material that was hired will “imperar” (and valid).
Continuing to answer the title of this column, the dental surgeon should:
a). Seek immediate dialogue with the other pole.
b). Show that he is organized and has the contract with the specified service.
c). Dedicate as much attention as possible to the complainant, listening to him/her and, in a second moment, explaining that he/she always offers the best possible of his/her professional activity in all clinical cases.
d). When learning of any complaint through the secretary, do not evade or avoid the problem.
Thus, signed and well filed contracts will give us sustenance, security and tranquility to act in the profession, independent where we act as dentists, because we are directly responsible for the procedures.
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