Civil Liability of the Dentist

Obligation of Means or of Result?

Abstract

This work aims to contribute to the research on the responsibility of dental surgeons regarding their obligations of means and results in their professional practice. The objective is to find a fairer and more equitable response to the issue of damages caused by this professional. To achieve this, a bibliographic survey was conducted using the dialectical method, which involved doctrinal and jurisprudential comparisons. It was found that, although there is a prevailing understanding that the obligation of the dental surgeon is, in general, one of results, the more appropriate approach is to consider their responsibility as one of means. This is justified by the fact that the profession involves activities with inherent risks, where the factor of chance plays a significant role.