Characteristics of Brazilian dental malpractice lawsuits in 2022 and 2023

Abstract

A survey was conducted of the dental professional liability cases adjudicated (post-appeal) throughout the Brazilian territory during the years 2022 and 2023. Data was retrieved from the Jusbrasil website (www.jusbrasil.com.br), and the characteristics of the lawsuits were assessed and compared with those reported in previous studies. The query entered into the “case law search” field was “dental professional liability”. An assessment was conducted of 472 rulings referring to 2022 and 447 rulings referring to 2023 in which the dentist was convicted in 61% and 68% of the cases, respectively. There was no increase in the number of cases between the years included in the assessment; however, an increase did occur in the number of cases when compared to that reported in another methodologically similar study. An expert’s report was solicited by the court in 75% of the cases. The most frequently involved specialties were implant dentistry and prosthodontics, and there was a tendency toward an increase in lawsuits involving companies as opposed to individuals. The amounts awarded for moral and aesthetic damages ranged from US$ 299.00 to US$ 19,960.00. The highest mean value awarded for moral damages involved the specialty of oral & maxillofacial surgery and traumatology, whereas the lowest mean value was associated with restorative dentistry. The amount most frequently awarded in convictions across the two years included in the survey was US$ 1,954.00. The adoption of preventive measures can potentially reduce the number of new cases, convictions and financial losses resulting from civil liability lawsuits.