DENTAL ERROR IN CONSUMER LAW

Abstract

As the dental surgeon is inserted in the social context, his professional performance is also mediated by legal norms that may require that damages caused to patients be compensated in the form of compensation. The literature has shown a significant increase in the number of lawsuits filed against dental surgeons, with Orthodontics being among the specialties most involved in these disputes. Given this scenario, this study aimed to discuss dental errors and their effects in the field of Consumer Law. In methodology, it was a bibliographical review, based on selected scientific studies and jurisprudence, whose time frame was between 2018 and 2023 found in databases such as Scielo and Google Scholar. In the results, according to Brazilian jurisprudence, it was pointed out that: when a dental error is proven, the professional will be liable for the damages caused; In order for the agent to be held responsible, the illicit act and the causal link between the damage arising from the act and the conduct must remain established. In the absence of these requirements, there is no talk of holding agents accountable; The responsibility of a dental clinic is objective, as it is a provider of health services, responding objectively for the fact of the service and everyone in the service supply chain must respond jointly.