Brazilian orthodontists and the legal issues involving their professional activity: a legal and behavioral proposal

OBJECTIVE: The aim of this study was to review the use of orthodontic records (OTR's) by Brazilian orthodontists and propose a behavioral approach from a legal point of view, drawing on their interpersonal relationship with their patients. METHODS: A statistical cross-analysis was performed to...

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Main Authors: Elionai Dias Soares, Ney Soares de Araújo
Format: Article
Language:English
Published: Dental Press Editora 2013-12-01
Series:Dental Press Journal of Orthodontics
Subjects:
Online Access:http://www.scielo.br/scielo.php?script=sci_arttext&pid=S2176-94512013000600011&lng=en&tlng=en
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author Elionai Dias Soares
Ney Soares de Araújo
author_facet Elionai Dias Soares
Ney Soares de Araújo
author_sort Elionai Dias Soares
collection DOAJ
description OBJECTIVE: The aim of this study was to review the use of orthodontic records (OTR's) by Brazilian orthodontists and propose a behavioral approach from a legal point of view, drawing on their interpersonal relationship with their patients. METHODS: A statistical cross-analysis was performed to compare five groups. A sixth group was created comprising the intersection of the responses provided by the five aforementioned groups. RESULTS: The results demonstrate that 42.2% of orthodontists require initial and final records and keep orthodontic records throughout their professional career; 13.9% duplicate the initial records and consider patients as the lawful owners of these documents; 19.5% make use of a medical history questionnaire, to be duly signed by all patients; 5.4% acknowledge that the decision to undergo treatment is ultimately the patient's, and, therefore, an alternative response "not perform the treatment" should be included in the questionnaire; 24% recognize the importance of the Consumer Protection Code (CPC), regard the provision of orthodontic services as an obligation of means; and explain to the patient the risks involved in orthodontic practice. Among the 1,469 orthodontists researched, 0% simultaneously took into account all aspects of this study. CONCLUSION: It was concluded that Brazilian orthodontists adopt a mistaken legal, professional and behavioral attitude, neglecting to build patient's orthodontic record with due care and in accordance with the law, which makes them vulnerable to patient disputes, contentious or otherwise.
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spelling doaj.art-5cddcdd43f574cee9314e196ac90f18e2022-12-22T03:25:55ZengDental Press EditoraDental Press Journal of Orthodontics2177-67092013-12-01186657110.1590/S2176-94512013000600011S2176-94512013000600011Brazilian orthodontists and the legal issues involving their professional activity: a legal and behavioral proposalElionai Dias Soares0Ney Soares de Araújo1Faculdade Mozarteum de São PauloUniversidade de São PauloOBJECTIVE: The aim of this study was to review the use of orthodontic records (OTR's) by Brazilian orthodontists and propose a behavioral approach from a legal point of view, drawing on their interpersonal relationship with their patients. METHODS: A statistical cross-analysis was performed to compare five groups. A sixth group was created comprising the intersection of the responses provided by the five aforementioned groups. RESULTS: The results demonstrate that 42.2% of orthodontists require initial and final records and keep orthodontic records throughout their professional career; 13.9% duplicate the initial records and consider patients as the lawful owners of these documents; 19.5% make use of a medical history questionnaire, to be duly signed by all patients; 5.4% acknowledge that the decision to undergo treatment is ultimately the patient's, and, therefore, an alternative response "not perform the treatment" should be included in the questionnaire; 24% recognize the importance of the Consumer Protection Code (CPC), regard the provision of orthodontic services as an obligation of means; and explain to the patient the risks involved in orthodontic practice. Among the 1,469 orthodontists researched, 0% simultaneously took into account all aspects of this study. CONCLUSION: It was concluded that Brazilian orthodontists adopt a mistaken legal, professional and behavioral attitude, neglecting to build patient's orthodontic record with due care and in accordance with the law, which makes them vulnerable to patient disputes, contentious or otherwise.http://www.scielo.br/scielo.php?script=sci_arttext&pid=S2176-94512013000600011&lng=en&tlng=enBrasilContratosConsentimento livre e esclarecidoDocumentaçãoResponsabilidade legal
spellingShingle Elionai Dias Soares
Ney Soares de Araújo
Brazilian orthodontists and the legal issues involving their professional activity: a legal and behavioral proposal
Dental Press Journal of Orthodontics
Brasil
Contratos
Consentimento livre e esclarecido
Documentação
Responsabilidade legal
title Brazilian orthodontists and the legal issues involving their professional activity: a legal and behavioral proposal
title_full Brazilian orthodontists and the legal issues involving their professional activity: a legal and behavioral proposal
title_fullStr Brazilian orthodontists and the legal issues involving their professional activity: a legal and behavioral proposal
title_full_unstemmed Brazilian orthodontists and the legal issues involving their professional activity: a legal and behavioral proposal
title_short Brazilian orthodontists and the legal issues involving their professional activity: a legal and behavioral proposal
title_sort brazilian orthodontists and the legal issues involving their professional activity a legal and behavioral proposal
topic Brasil
Contratos
Consentimento livre e esclarecido
Documentação
Responsabilidade legal
url http://www.scielo.br/scielo.php?script=sci_arttext&pid=S2176-94512013000600011&lng=en&tlng=en
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