Responsabilidade civil do cirurgião-dentista: um estudo bibliográfico-documental

Abstract

Civil liability has emerged as a mechanism for the right to maintain social peace, on the premise that any individual who causes harm to another who is deceitful or guilty must indemnify him. The concept and extent of civil liability has undergone changes in the evolution of humanity as the law evolves according to the evolution of social facts. In this study will be considered what concerns the area of ​​health, more particularly the situation of the dentist. Civil liability of health professionals has been considered of some relevance as new forms of legal relationship between patients and health professionals are emerging. In the civil sphere these relations are regulated by the current Civil Code of 2002 and by the Code of Consumer Protection, in addition to the Code of Ethics of dental professionals and resolutions of the Federal Council of Dentistry. The legal literature deals with the civil responsibility of these professionals, dentists, dentists or dental surgeons, in a superficial way of the importance of this work. It is noted that most civil law books emphasize the responsibility of the doctor relegating the dentist and other health professionals to the background, in contradiction to the fact that the general population is having greater access to dental treatments.