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

Authors
  • Loreto, Denise Bolten Lucion1
  • de Barros, Beatriz Álvares Cabral1, 2
  • Rosa, Gabriela Cauduro da1, 3
  • de Oliveira, Rogerio Nogueira3
  • Rosing, Cassiano Kuchenbecker4
  • Fernandes, Mário Marques1, 3
  • 1 Brazilian Dentistry Association, Section Rio Grande do Sul, Department of Forensic Dentistry, 134 H Furriel Luiz Antonio de Vargas St, Porto Alegre, RS, 90470-130, Brazil. , (Brazil)
  • 2 Federal University of Santa Catarina, Department of Dentistry, 1240 Delfino Conti St, Florianópolis, SC, 88040-370, Brazil. , (Brazil)
  • 3 University of São Paulo, Department of Community Dentistry, 2227 Prof Lineu Prestes Ave, São Paulo, SP, 05508-000, Brazil. , (Brazil)
  • 4 Federal University of Rio Grande do Sul, Faculty of Dental Sciences, 2492 Ramiro Barcellos St, Porto Alegre, RS, 90035-003, Brazil. , (Brazil)
Type
Published Article
Journal
Journal of forensic sciences
Publication Date
Nov 01, 2019
Volume
64
Issue
6
Pages
1693–1697
Identifiers
DOI: 10.1111/1556-4029.14089
PMID: 31237698
Source
Medline
Keywords
Language
English
License
Unknown

Abstract

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. © 2019 American Academy of Forensic Sciences.

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