Resumo

MELANI, RODOLFO FRANCISCO HALTENHOFF; OLIVEIRA, ROGÉRIO NOGUEIRA DE; TEDESCHI-OLIVEIRA, SILVIA VIRGINIA  e  JUHAS, REGINA. Legal devices and arguments mostly used in civil lawsuits: casuistry analysis in Dentistry. RPG, Rev. pós-grad. [online]. 2010, vol.17, n.1, pp. 45-53. ISSN 0104-5695.

Upon the increasing number of civil trials involving dentists (CD) and the care they deliver, this paper aimed to investigate the legal provisions and the arguments presented by patients to support these complaints. We conducted a retrospective study with convenience sample consisting of the personal authors' casuistic of 41 ongoing processes. The Civil Code was the most cited legal provisions (68.85%), in its articles 927, 949, 1538 and 1545, followed by references to case law (46.34% of cases), Code of Consumer Protection (36.58%), Code of Civil Procedure (34.14%) and the Federal Constitution (26.82%), and more than one device was found in the same action. The patients argued and substantiated their dissatisfaction with the treatment mainly in their report about the professional who assisted them after the treatment (46.34%) followed by the allocation of fault diagnosis, planning and/or monitoring of their treatment (43.90%), among others. The defense of the dentists against these allegations and the subsequent demonstration of their responsibility in regard to the patient's assistance will be effective before the correct documentation of care.

Palavras-chave : Damage liability.; Indemnity.; Damage assessment..