Analysis of Dental Case Reports in the Context of Court Decisions: Causal Nexus and Aspects of Fault

• Published in: Journal of forensic sciences Vol. 64; no. 6; pp. 1693 - 1697
• Main Authors: Loreto, Denise Bolten Lucion, Barros, Beatriz Álvares Cabral, Rosa, Gabriela Cauduro da, Oliveira, Rogerio Nogueira, Rosing, Cassiano Kuchenbecker, Fernandes, Mário Marques
• Format: Journal Article
• Language: English
• Published: United States Wiley Subscription Services, Inc 01-11-2019
• Subjects: Appeals; Brazil; Case reports; civil liability; Decision analysis; Decision making; dentistry legislation; Dentists; forensic dentistry; forensic science; Humans; jurisprudence; Liability, Legal; Litigation; malpractice; Malpractice - legislation & jurisprudence; Malpractice - statistics & numerical data; Qualitative analysis; State court decisions; Technical information; Brazil; forensic science; civil liability; jurisprudence; forensic dentistry; dentistry legislation; malpractice
• ISSN: 0022-1198; 1556-4029
• DOI: 10.1111/1556-4029.14089

The purpose of expert reports is to support the judge in his decisions, by providing technical information. However, it remains uncertain as to what extent the content of these reports is used, and if they are effectively associated with judicial decisions. The aim of this study was to perform a qualitative analysis of case reports in relation to the judicial decisions rendered in association with these reports, by determining the connection between causal nexus and aspects of fault. The case reports included lawsuits against dentists, issued by the Medical Justice Department of the State Court of Appeals of Rio Grande do Sul, Brazil, between 2010 and 2013. Comparing the percentage of agreement between case report and judicial decision, causal nexus was 79.9% and fault was 86.7%. The high percentages of agreement found in relation to fault and causal nexus highlight the relevance of expert reports in weighing the judge's decision.