ANALYSIS OF CIVIL CASES ABOUT DENTAL ERROR IN THE COURTS OF JUSTICE IN THE NORTH OF BRAZIL.

Abstract

Introduction: according to the Federal Council of Dentistry, there are approximately 403,686 dental surgeons with active registrations in Brazil in 2023. These professionals have the duty to carry out the profession following ethical and legal standards. Aim: the objective of this research was to analyze the civil cases regarding dental error that were processed in the Courts of Justice in the northern region of Brazil in the last 10 years. Methods: this is an analytical cross-sectional study conducted with processes from the seven states in the northern region of Brazil, from 01/01/2013 to 09/23/2023. Data was collected through the Jusbrasil website, with “Error in dental treatment”, “Error in dental treatment” and “Dental error” terms. The data were evaluated by descriptive statistics and the bivariate logistic regression. Results: there was an increase of lawsuits from 2013 to 2023, with a peak in judgments in 2021. The dental specialty and state with the highest number of lawsuits were Implantology and Rondônia, respectively. Compensation values for material damage ranged from 0 to 48,600 reais (average = 4,554.68) and for moral damage varied from 0 to 50,000 reais (average = 4,915.09). The dental specialty of Implantology (p = 0.013; OR = 13.000) and the configuration of moral damage to the patient (p < 0.001; OR = 304.500) showed a statistically significant association with the conviction and obligation to compensate. Conclusion: it is concluded that processes related to Implantology and in which there is proof of moral damage may have a greater chance of conviction.