Resumo

ZANIN, Alice Aquino; STRAPASSON, Raíssa Ananda Paim  e  MELANI, Rodolfo Francisco Haltenhoff. Jurisprudential study: evidences in dental civil liability lawsuit. Rev. Assoc. Paul. Cir. Dent. [online]. 2015, vol.69, n.2, pp. 119-127. ISSN 0004-5276.

Background: In civil liability lawsuits, the Court is not obliged to follow the expert report to form its conviction, but it must present its motives for decision based on the evidences. This study aims to analyze the main evidence used in civil liability lawsuits related to the dental surgeon as a basis for sentencing. Methods: The decisions of the Court of Justice of the State of São Paulo were analyzed over a period of twelve months (between 2013 and 2014). Ninety-five lawsuits were selected, and all the decisions were read in their entirety, using the types of evidence used in the case, the motivations for the sentence and the Court's decision as parameters. Results: The main motivation for the Court's decision was based on the conclusion of the expert report and the others referred to the dental records. Experts were used in 80 cases. In the most of cases, Court decided in agreement with the conclusion of the expert report (95.38%), and in three, this report was not the main evidence used in the decision, with the dental records being used for such. Of those cases in which the records were presented, 71% were decided in favor of the professional, whose main motivation was treatment abandonment. Dental malpractice was determined in 41 cases (43%). Conclusion: The expert report was the principal means of evidence for the Court's decision. Maintaining appropriate dental records is important for establishing evidence in the lawsuit.

Palavras-chave : jurisprudence; civil charges; evidence; clinical records; expert report..