COLUMN LEGAL DENTISTRY – Legal Background of interest to the Dental Surgeon

Vol. 13 – Number 49 – 2021 COLUMN LEGAL DENTISTRY Page 6 Legal Background of interest to the Dental Surgeon Prof. Roberley Araújo Assad – MSc PhD, Dental Surgeon CRO/PR-7497 – Graduation Professor and Coordinator of Post-Graduation in Orthodontics – Cescage/Ponta Grossa; – Graduation Professor and Coordinator of Post-Graduation in Orthodontics – Faculdade Herrero/Curitiba; – Post-graduation coordinator of Orthodontics, Soepar/Curitiba; – Post-graduation Professor of Orthodontics – Ioa/Avantis/Curitiba – Joinville/SC; – Graduating in Law – Dom Bosco/Curitiba; – Scientific Reviewer of Orthoscience. A minimum knowledge of other areas completes the successful dental professional. Practice shows that the consolidation of results depends on the broad capacity of this professional and on natural abilities, besides the acquired ones. For those acquired, the means is study, reading, and debate. In the legal area aimed at odontologists, follows an uncomplicated summary of easy understanding to consult at any time in the careers. Let’s get to the concepts: Legal concepts important to any professional DAMAGE: based on the description in article 186 of the Brazilian Civil Code, which defines Damage as whoever, by voluntary action or omission, negligence or imprudence, violates a right or causes damage to another, even if exclusively moral, commits an illicit act. Example: installation of an implant inside the maxillary sinus. CULPA: defined by someone who committed an act of infraction. Example: identified health professional who caused damage to his patient. IMPERIENCE: when the agent causes damage to another due to lack of technical knowledge. Example: A general practitioner installs an orthodontic appliance on his patient without sufficient knowledge to do so, causing root resorption due to excessive forces employed. NEGLIGENCE: when the agent does not perform the acts he is capable of performing. Example: In a team of professionals, one of the members does not act within his/her specialty when the intervention is necessary. IMPRUDENCE: when the agent performs his actions without the necessary caution. There are exaggerations in the acts. Example: in a surgical removal of an upper third molar, a professional fractures the vestibular bone plate without the need to do so. Concepts regarding the dental surgeon’s obligations All of us, regardless of whatever profession or trades we practice, have legal obligations before the courts. However, professions and trades differ according to their complexities, risks, and also benefits. These obligations are well defined below: MEAN: the obligation of means is when the DC must perform his service making it clear and explicit to the patients that there are no guarantees of results on it, because these are services that depend on organic biological/physiological responses that are different from individual to individual. END: when the DC is obligated to achieve the result expected by the patient. Many times this expected result is published in the professional’s social networks with before and after images, which is strictly forbidden by the current Dental Code of Ethics described in its article 44. WARRANTY: completely unplaced in the health area, it serves to reduce risks only and exclusively to the patient, never being offered in medical-dental contracts, because it is liable to blame. Concepts regarding analysis/judgment/sentencing The analysis of legal cases depends on the evidence and the support of the prosecutors, defenders, and lawyers, which can be oral or written. Trials are long processes in order for the sentences to be correct decisions. For this reason, there are two types of analysis that follow with their concepts below: OBJECTIVE: when the legal case in question is analyzed and sentenced based on the direct application of the law in force in the country. Example: the Consumer Defense Code, in which many prosecuting attorneys seek to frame complaints from patients in the health area. SUBJECTIVE: is the opportunity that the individual (professional) has to exercise his will or interest in a certain conduct, as long as there are rules for this, a concept that is very clear to fit health professionals, because based on a vast scientific literature proven, a patient (human being) does not respond to exactly the same therapies applied to another patient, thus incurring the total character of subjectivity in the legal analysis. According to this brief review of concepts, the above is an exquisite summary of “knowledge” for possible consultation, should the need arise. However, the most important thing is that they are included in the high level professional you wish to be. DOI: 10.24077/2021;1349-OL6 Available for download, click here.