Jurisprudence in collection actions in Dentistry from the States of Sao Paulo and Minas Gerais

Abstract

Payment in Dentistry has changed over the years and today diverse forms of compensation coexist such as salaries, fees and gratitude. The authors recovered all the collection actions filed in Sao Paulo and Minas Gerais, online, and evaluated the main considerations by the judging body when deciding the suits. Most jurisprudence was from cases of oral rehabilitation, implants and orthodontics. Correct dental documentation was proven fundamental in the professional´s propositions, while failure to indicate the patient´s active participation on the records turned the allegations fragile. The elapsed time for the action to be prescribed increased from the previous Civil Code to the new one (5 years). The basic understanding regarding prosthetic rehabilitation still is that of an esthetic nature and not of a functional one, limited by biological factors. Basic flaws such as celebrating contracts with minors and lack of patient orientation regarding payment for multidisciplinary treatments were also observed.