Evidence map›Paper›PMID 39752639›Full record

ArticleThe Journal of forensic odonto-stomatology2024

Professional liability and litigation in dental medicine: an analysis of the Portuguese context.

Ines Morais Caldas, João Miguel Amaral

Abstract read
In one paragraph

Article in The Journal of forensic odonto-stomatology, 2024. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Not yet cited in PubMed.

0numbers the graph read from it
0cells of the map it votes in
0citing papers in PubMed
–field-weighted citation impact
1 · What the graph read from it

What it found

Each row is one number read from the abstract, on the scale the paper reported it, with its interval. Left of the dashed line favours the treatment, right favours the comparator. Under each row is the sentence it came from. New to these charts? A ten-minute tutorial.

The abstract states no effect estimate the extractor could read, or names no intervention and outcome on the map, so this paper lights no cell and moves no belief. It is still indexed, cited and linked below.

2 · The registry

The trial behind it

Trials whose registry record cites this paper, or whose number appears in the abstract. A trial that started after this paper was published is citing it as background, not reporting it.

Neither the registry nor the abstract names a trial number. If this is a trial report, that itself is worth knowing.

3 · Its place in the literature

Who cites it

0 citing papers in PubMed.

No citing paper in PubMed yet.

4 · The record

Corrections and comments

PubMed lists nothing against this paper. Absence here is not a guarantee, only a check that was made.

5 · Who and what money

Authors and funding

2 authors.

Ines Morais CaldasAssociate Laboratory i4HB - Institute for Health and Bioeconomy, University Institute of Health Sciences - CESPU, Gandra, Portugal TOXRUN-Toxicology Research Unit, University Institute of Health Sciences, CESPU, CRL, Gandra.ORCID 0000-0003-0706-3242
João Miguel AmaralFaculdade de Medicina Dentária da Universidade do Porto.

Funding

No grant is acknowledged in the PubMed record.

6 · The paper itself

Abstract

The activity of a dentist reveals itself in numerous aspects, and its regulation is determined by the Deontological Code of the Dental Association, which contains a set of rules that dentists are obliged to follow in the exercise of their profession. The regulation of this activity goes beyond following these precepts because, in the legal relationship that is established whenever an agreement is made with a patient to carry out the treatment deemed appropriate, a series of duties and obligations begin for each party, translated into a reciprocal contract, in which the non-compliance of one of them may result in a legal claim. The objective of this study was to research most court decisions delivered in this century, in Portugal, regarding the activity of dentists when faced with patient claims and to outline a framework that better allows us to understand the regulation of this activity within the scope of the contracts established with them. This includes identifying the patients' sex, the judicial instance, the area of dentistry, the location of the injury, the type of liability, the characterization of the obligation, the basis of responsibility, the alteration of biological assets, and the outcome of the action while also not neglecting the identification of trends and jurisprudential evolutions, should they arise. A survey of judgments from the Portuguese Superior Courts was carried out, which focused on decisions from the Supreme Court of Justice, Court of Appeal of Porto, Court of Appeal of Lisbon, Court of Appeal of Coimbra, Court of Appeal of Guimarães, and Court of Appeal of Évora. To understand the judgments analyzed in this study, a brief approach to various legal concepts and institutions of interest was conducted. A summary characterization of the factual basis of the injured party's claim and the legal framework applied, as well as subsequent decisions by higher courts regarding the activity of dentists, was also elaborated. It was impossible to identify any relationship between the field of dentistry and the characterization of the obligation and the basis of responsibility, nor between the outcomes of the actions and these two parameters mentioned. This is likely due to the small sample size, which, although limited, represented all available published superior court decisions in Portugal related to the proposed topic, and because there were different decisions for similar and identical factual situations due to the various scientific and social conceptions adopted by the courts being susceptible to other interpretations.

Indexed as

Liability, LegalMalpracticeDentist-Patient RelationsDentistsHumansPortugalClaimsDental medicineDentistryLiabilityMalpractice

Identifiers

PMID39752639
PMCPMC11838837

What OpenQuestion holds

Textmetadata
Read underepoch 390

Registered trials

None linked

Read under generation 80e0d062 · epoch 390. Bibliography from PubMed, PubMed Central and OpenAlex; grants from NIH RePORTER; trial links from ClinicalTrials.gov; estimates, votes and beliefs from the OpenQuestion graph.