Resumo

ROSA, Flavia Mariana; FERNANDES, Mário Marques; DARUGE JUNIOR, Eduardo  e  PARANHOS, Luiz Renato. Material and moral damages in cases involving dentists in the state of São Paulo. RFO UPF [online]. 2012, vol.17, n.1, pp. 26-30. ISSN 1413-4012.

The number of cases against health professionals has increase over the years, on the other hand, there are few studies that deal specifically about the values towards moral and material damages. Aim: The objective of this present study is to analyze, retrospectively, the jurisprudence related to civil liability against dentists in the state of São Paulo from 2007 to 2010, focusing on aspects related to material and moral. Methodology: The present study of qualitative character was developed through the full text (judgments and sentences) ofdecisions available on the internet using the web site of the court justice of the state of São Paulo. Results: 100 judged, 96 judgments and 4 monocratic decisions have been surveyed. It was found that among processed dentists, men have a level of 76.9%, the most incident area was implant (22%), and the city with higher number of process against dentists was São Paulo (26%). In the first instance, moral damages average was R$ 27,821.60, with standard deviation (SD) 55,489.0, the material damage average value was R$ 1,615.6 (SD= 14,081.0). By the other hand the second instance values, the average of moral damages was R$ 32.615, 60 (SD=6,0503.6) and to material damages the average was R$ 7.072,50 (SD= 8.638.0). Conclusion: The number of cases judged against dentists from the state of São Paulo showed much higher values towards moral damage when compared to the material damage.

Palavras-chave : Damage liability; Forensic dentistry; Jurisprudence; Legal dentistry.