Ethical and legal aspects in the professional pratice of the surgeon-destist as individual and juridical person / Aspectos eticos e legais do exercicio profissional do cirurgião dentista como pessoas fisica e juridica

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

A short time ago, a greater number of surgeon-dentists who practised their functions in the cities of Betim and Contagem (Metropolitan Region of Belo Horizonte), restringed to carry out their work as an individual person, that s to say, as an independent professional. With change of behavior in society, influenced by the Federal Constitution reform 1988, the Consumer s Protection and Defender Code (1991), and the Brazilian Statue Book (Civil Code) in 2002, it has been observed an increasing number of ethical and juridical processes against the odontological class. Concomitantly, this has also originated a transformation in the odontological assistance rendered companies. So, they have urged a changing in the professionals juridical personality, obliging them to become juridical people, even without being really conscious about this transformation. According to the Consumer s Protection and Defender Code, the dentist, as long as being in individual person, will only be considered professionally responsible, by means of a check of his culpability, answering according to the Subjective Responsibility Theory. In the meantime, if the professional is characterized as an juridical person, he will answer in the terms of the Subjective Responsibility Theory, that s to say, the guilt is presumed by law, being enough only the proof of the relation between action and damage, so that one has the obligation of indemnification. Another important point consists in the implications that the professionals begin having, before the public and tributary organs. It has been proposed to watch the professionals rate of knowledge relating to the ethical and legal aspects concerning to the adopted personality, as well as, in regard to the legistation that is applied to Odontology. Thus, 122 questionnaires have been evaluated and the obtained results were gathered according to variable ranks. The statistic analysis has included Chi-square and Fisher exact tests. The final results showed that the surgeon-dentists are not duly prepared, concerning to the ethical and legal kwowledges, pertinent to the professional practice, becoming this way, vulnerable in case of litigations. Concerning to taxation, it has been concluded that the professional`s don`t have knowledge about the main taxes related to each juridical personality. In regard to the positive and negative aspects of the personalities: the main positive ones, in acting as an individual person are the adoption of the Subjective Responsibility Theory and the taxation matter, that is lighter in this case. On the other side the negative aspect would be a bigger difficulty in achieving partnerships. Concerning to the juridical person, the main positive aspect is the facility of getting credentials near the health cares. As for the negative side we have high taxes and also the damage liability which can be objective or subjective (the matter is not pacifical in the doctrine nor in the jurisprudence), so it is possible to be understood as objective or subjective. At last, it has been conclueded that the damage liability of the liberal professional, as an individual person is, as a rule, subjective. The responsibility of the insurance health, according to the majority doctrine and jurisprudence is objective. The damage liability of the odontological clinics is, as a rule, objective. However, in regard to the damages, due to the professional/clinic practice, the regular professional`s act would break the nexus of causality, being necessary to evaluate the professional`s conduct before blaming the clinic in trial

ASSUNTO(S)

insurance health seguro saude responsabilidade (direito) damage liability

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