Clipping of news on Brazilian Culture, Law and Citizenship
01.13.2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The 14th Civil Chamber of the Court of Minas Gerais (TJMG) condemned the dental Tooth & LTDA Smile., Of Belo Horizonte, and a dentist to pay jointly and severally the compensation of R$ 10,000 for pain and suffering, R$ 5 thousand per cosmetic damage and R$ 100 for material damages to a patient who lost a tooth due to non-completion of a dental procedure.
The decision of the Court reversed the trial court ruling that had rejected the request.
The patient claimed to have attended the dental office to perform a restoration treatment. How, after treatment, he felt a blow to the tooth structure and a lot of pain, he returned to the office, but could not be fulfilled due to financial disputes checked on their behalf. A few days later, he lost the tooth, which is why she called the office, being told that nothing more could be done.
The dentist argued that the fault of the lesion in the oral cavity was the patient herself, as she failed to attend appointments. However, legal experts concluded that the injury was caused by not making adequate prosthesis after the treatment.
According to the federal judge Evangelina Castillo Duarte, process rapporteur, was evidenced in the records that the injury suffered by the patient were caused by non-completion of dental procedures as found the expert report produced in court.
According to the report, there was worsened "because of the large time exposure of the dental element to the oral environment without proper restoration, making possible recontamination of the root canal system."
The federal judge also argued the absence of a document showing that the dentist explained the patient about the need for making the prosthesis after the treatment.
See the judgment and follow the procedural motion
Source: TJMG
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This article was translated by an automatic translation system, and was therefore not reviewed by people.