Civil Liability of Dentists: A Literature Review on the Most Common Causes of Lawsuits and Prevention Strategies

Abstract

INTRODUCTION: The professional-patient relationship in dentistry is undergoing transformations, with an increase in litigation due to greater patient awareness of their rights and the occurrence of professional negligence. This scenario highlights the need to analyze the causes and consequences of civil liability in dentistry. OBJECTIVES: To identify the main clinical and managerial causes leading to civil liability lawsuits against dentists and to describe preventive strategies based on best practices, effective communication, and robust documentation. METHODOLOGY: An integrative literature review was conducted using the SciELO, PubMed, and BVS databases, employing specific descriptors and the Boolean operator 'AND'. Inclusion and exclusion criteria were applied, selecting studies published in the last 5 years. The Rayyan software assisted in the screening process, resulting in the inclusion of 12 articles for analysis. RESULTS: The analyzed studies point to common causes of litigation, such as errors in complex clinical procedures (especially surgery and implantology), failures in professional-patient communication, inadequate or missing documentation (including medical records and Informed Consent - IC), incompetence, negligence, and poor management of patient expectations and the inherent risks of treatment. CONCLUSION: Preventing litigation in dentistry requires an integrated approach, combining strict adherence to clinical best practice protocols, transparent and effective communication that builds mutual trust, and the maintenance of legally robust documentation, including detailed records and a well-conducted IC process. These measures are essential to minimize risks and enhance patient safety.