LEGAL LIABILITY OF DENTISTS ARISING FROM ENDODONTIC FILE FRACTURES
Abstract
Dental malpractice occurs when a professional fails to follow required standards of dental practice, causing harm and harm to the patient. The present research aims to discuss the ethical and legal aspects of the dental surgeon facing the fracture of endodontic files. Factors attributed to the professional can be considered as the most frequent cause of fracture of endodontic files. In order to characterize the dentist's civil liability resulting from the fracture of endodontic files, it is necessary to characterize the intent or fault, considering the subjective responsibility of liberal professionals. Criminal liability will occur in cases of criminal types expressly provided for in the legislation, such as the crime of bodily harm, as well as in the existence of unlawfulness (or illegality) of the conduct. We conclude that the professional must perform endodontic treatment with scientific and practical rigor, presenting the knowledge of techniques, instruments and jointly the responsibility to which he responds in the practice of his profession.