Responsabilidade civil do ortodontista na terapia ortodôntica.

Abstract

This study aimed to research the liability of the orthodontist in orthodontic therapy. Orthodontic professionals have been very charged for their actions during the performance of their profession. Nowadays the topic Orthodontics versus Litigation is presented with increasing frequency in the literature. The problem was related to the fact that the patient, unsatisfied with the work of the orthodontist or the results during and after treatment, can join with shares in different crops (criminal, civil and or ethical / administrative). This perception on the part of patients about their rights , was attributed mainly to the rise of the Consumer Protection Code, implemented in Brazil through the 8078 Law 1990 , where it was determined a business relationship between the professional and the patient.This study became relevant precisely for addressing something as common in the practice of orthodontist and little discussed , making it possible to present this reality to other professionals and thus had the opportunity to pursue legal measures that were suited to their practice, making use of specific legislation defending and protecting the rights of both professionals and the patient . Faced with this new reality this work sought , through literature review, the probable causes that cause patients or those responsible for triggering your orthodontists in several spheres , in order to prevent and guide orthodontists to deal with this situation so delicate, current it's worrying.After analyzing various literary findings, it was possible to detect that there is no consensus among authors on form the orthodontist's obligation of means or result depends on each situation to be carefully analyzed; patient relationship with your orthodontist is the deciding factor for the generation of legal disputes involving orthodontics, especially the lack of clarification on the treatment, as well as dissatisfaction by frustrated expectations for the results. However, the orthodontist must be properly documented as to their conduct, must be ethical and technically competent before his patient, and a very delicate professional in their treatment. In the search for answers to the problems raised as issues of research, had been used to document research related to the theme. And finally, there was the use of legal method of deductive procedure performing the interpretation of legal provisions such as the Consumer Protection Code and the Dental code of Ethics and many magazine articles and precedents of Brazilian courts, among other sources.