Nível de conhecimento dos cirurgiões dentistas sobre a qualidade dos prontuários odontológicos para fins de identificação humana

Objective: The aim of this research was to determine the knowledge level of 400 dentists registered in the Regional Dental Council of Cuiabá, through a questionnaire about the importance of records in the process of human identification. Results: We observed that 48.36% of them dispense between 10 and 20 minutes. Only 13.1% of the surveyed dentists did not have the habit of writing down the oral conditions of their patients before starting treatment and 42.62% have only one odontogram filled. From the 122 participants, 11.11% reported that the documentation had no utility to establish the patients identity. To make the situation worse, 33.6% of them said they did not keep the records of patients updated. Conclusion: We conclude that the dentist of Cuiabá has enough knowledge on preparing, maintaining and importance of dental records before the death in the identification process for establishing the patient identity. But, always he did not properly fills the dental records, thus it has been reducing their clinical, administrative and legal value.

Responsabilidad profesional del cirujano odontólogo: ¿qué piensan los abogados?

The number of lawsuits against dental surgeons has increased considerably in the recent years. Probably this is due to a change in the behavior of the patients, from a passive role in the past to a more demanding stance now. A transversal study was carried out to evaluate the point of view of lawyers in Araçatuba, SP, Brazil, about the professional liability of dentist, the major reasons for treatment failure, the dental specialties more involved in legal actions, their attitudes if they were submitted to an unsuccessful dental treatment, their opinion on what the dentist should do when a patient does not accept the treatment provided, and, finally, what a dentist should do when facing a civil liability action. A questionnaire was sent to 318 lawyers, and 151 of them answered it. The results show that for most lawyers an occasional failure in the treatment occurs due to professional incompetence and, in their opinion, the specialty more involved in legal problems is orthodontics (64.7%). Of the lawyers interviewed, 27.0% affirmed they would seek another dentist and also a lawyer, if they were subjected to an unsuccessful dental treatment. For 36.5% of them, the dentist should give further information and explain the reasons why the treatment did not meet the patient's expectations. According to 36.1% of the interviewees the best policy to be adopted by the dentist in case of a civil liability action would be an extra judicial settlement.

Responsabildade civil do advogado pela perda de uma chance

Pós-graduação em Direito - FCHS

Direito à informação pela mídia virtual e a sua responsabilidade

Pós-graduação em Direito - FCHS

Ações regressivas acidentárias sob a perspectiva da previdênca social e da responsabilidade civil

Pós-graduação em Direito - FCHS

Identificação de áreas degradadas por extração de argila no município de Ourinhos (SP): recuperação do passivo ambiental e proteção dos recursos hídricos

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

The Ethics of Implementation: Institutional Remedies and the Lawyer's Role

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of institutional reform litigation arises after an individual or class of individuals prevails at the liability stage, or pursuant to a settlement, and a court orders the defendant organization to change in order to vindicate the plaintiffs' rights. At that point, the defendant organization, whether it be a prison, mental hospital or school district, usually has the burden of implementing the order. One conclusion drawn is that the ethical duty of the lawyer must always be consistent with the lawyer's "special responsibility for the quality of justice."

RP96-11 The Farm Corporation: What It Is, How It Works, How It Is Taxed

A corporation is an artificial person that is created and operated according to state corporation statutes. It is a separate taxpayer subject to specific and detailed federal, state, and local tax laws. The advice and service of your lawyer are indispensable in organizing and operating a farm corporation. There are three basic forms of farm business organization, the sole proprietorship, the partnership, and the corporation. Variations of these forms have resulted in the limited partnership and the "tax option" corporation. These three basic forms are discussed in this research publication.

PHOTOGRAPHIC RECORDS — THEIR IMPORTANCE IN TODAY'S ENVIRONMENTALLY SENSITIVE BIRD MANAGEMENT PROGRAMS

We are living in a day of change. Environmental awareness is a part of our everyday life in a way unprecedented in history. The courts, in their infinite wisdom, have initiated the joint and several liability (deep pocket) rules that make everyone at risk in almost all situations. Bird management programs, by their very nature, are extremely sensitive. Any project, if not evaluated, planned, carried out, and documented properly can result in adverse regulatory agency action, bad publicity, and even fines or lawsuits. Proper photographic documentation can play a vital part in helping to provide the necessary records to help prevent problems and/or defend yourself in case of lawsuit or regulatory action. In the preparation of this paper, we surveyed state pesticide lead agencies, state Department of Conservation (Fish and Wildlife) agencies, some U.S. Fish and Wildlife Law Enforcement personnel, and several individuals to get their reaction to and their comments about this concept of supplemental recordkeeping. Of those responding, a majority thought the concept of supplemental photographic recordkeeping would be an asset to individuals and organi¬zations conducting bird management projects.

Foreign Body Ingestion During Dental Implant Procedures

Two cases of swallowing of foreign material related to dental implants during dental practice are described. A conservative approach by clinical-radiographic follow-up was performed in both cases; however, one of the patients required colonoscopy under general anesthesia for the removal of the impacted foreign body from the intestinal region. These complications not only have associated economic cost but also carry the risk of malpractice litigation against the professional; thus, the surgeon was responsible for all the costs of hospital and surgery management of this case. Details of the clinical signs, radiographic examinations, type of treatment, and follow-up are presented.

IINTERNATIONAL STRATEGY FOR AN EMERGING MULTINATIONAL IN BRAZIL: THE CASE OF JBS

The focus of this study is on questioning whether the traditional theories of internationalization are adequate to explain the international expansion of multinationals from emerging countries. Looking forward on this issue, we investigate the internationalization strategies adopted by JBS, a Brazilian multinational of the beef industry. The results show that the company adopted two of the five generic strategies specific to the context of emerging countries suggested by Ramamurti and Singh (2009): global consolidator and vertical integrator. Moreover, when analyzing the internationalization of the company under study, the speed of the process is highlighted when compared to traditional multinationals. It is concluded that the main mode of entry that allowed the international expansion was the acquisition and that this strategy has advantages to the company, such as access to strategic resources and rapid growth, possibly overcoming the liability of foreignness, the opportunity to compete globally and the diversification of segments that generate synergies to the company's activities.

Concurrent crack and powder cocaine users from Sao Paulo: Do they represent a different group?

Abstract Background Cocaine abuse is a serious and socially damaging illegal drug problem. Different routes of administration are associated with a specific progression of use, different degrees of abuse liability, propensity for dependence and treatment response. There have been relatively few studies comparing different cocaine users groups and no studies into the characterization of the group of individuals reporting concurrent use of powder cocaine and crack cocaine. Methods Six hundred and ninety-nine cocaine users were assessed during the period August 1997 to October 1998 in one outpatient and six inpatient clinics located in the São Paulo, Brazil. Patients were interviewed using a structured questionnaire schedule in Portuguese, designed specifically for the Brazilian population. The statistical analyses were performed using either ANOVA or a chi-squared test and focusing on their preferred form of use/route of administration and other variables. Results For 83% of the variables tested in this study, the Dual Users subgroup (using both powder and crack cocaine) demonstrated statistical differences from the single drug user subgroups. Those differences include the initiation of cocaine, the abuse of other illicit drugs, and rates of criminal history. Conclusion These data suggest cocaine-dependent individuals who report use of both powder and crack cocaine are an at least partially, distinct subgroup. However, further studies will be necessary to confirm this and to determine if they also show a different treatment response.

At the frontiers of surgery: review

The complete surgical removal of disease is a desirable outcome particularly in oncology. Unfortunately much disease is microscopic and difficult to detect causing a liability to recurrence and worsened overall prognosis with attendant costs in terms of morbidity and mortality. It is hoped that by advances in optical diagnostic technology we could better define our surgical margin and so increase the rate of truly negative margins on the one hand and on the other hand to take out only the necessary amount of tissue and leave more unaffected non-diseased areas so preserving function of vital structures. The task has not been easy but progress is being made as exemplified by the presentations at the 2nd Scientific Meeting of the Head and Neck Optical Diagnostics Society (HNODS) in San Francisco in January 2010. We review the salient advances in the field and propose further directions of investigation.

Estratégia internacional de uma multinacional emergente brasileira: o caso JBS

Este estudo preocupa-se em questionar se as teorias tradicionais de internacionalização são adequadas para explicar a expansão internacional das multinacionais de países emergentes. Procurando avançar nessa questão, investigam-se as estratégias de internacionalização adotadas pela JBS, multinacional brasileira do setor frigorífico. Os resultados evidenciam que a empresa adotou duas das cinco estratégias genéricas específicas ao contexto de países emergentes sugeridas por Ramamurti e Singh (2009): consolidador global e integrador vertical. Além disso, ao analisar a internacionalização da empresa em estudo, chama atenção a velocidade do processo, em comparação às multinacionais tradicionais. Conclui-se que o principal modo de entrada que possibilitou a expansão internacional foi a aquisição e que essa trouxe vantagens à empresa, como o acesso a recursos estratégicos, o crescimento rápido, a possível superação da liability of foreignness, a oportunidade para competir globalmente e a diversificação dos segmentos de atuação que geram sinergias às atividades da empresa.

A aplicação do Código de Defesa do Consumidor às ações judiciais por alegado erro médico

A presente pesquisa tem como objetivo analisar a responsabilidade do médico dentro do contexto doutrinário e jurisprudencial da atualidade e demonstrar, a partir da análise de ações judiciais por alegado erro médico, propostas perante o Poder Judiciário, que os direitos atribuídos ao consumidor pelo Código de Defesa do Consumidor, bem como as prerrogativas de facilitação do acesso ao Judiciário atualmente são aplicados pelos profissionais do Direito ao exercício da atividade médica de forma generalizada, ou seja, tanto em relação às sociedades empresárias – hospitais, clínicas e planos de saúde, quanto aos profissionais liberais, sem considerar que o § 4º do art. 14 do Código de Defesa do Consumidor, ao estabelecer como requisito para a responsabilidade do profissional liberal a comprovação de culpa (imprudência, negligência e imperícia), determina, a contrario sensu, a aplicação das normas do Código Civil, de forma que, também as prerrogativas de facilitação de acesso ao Judiciário, exclusivas da legislação de consumo, não poderiam ser aplicadas ao exercício da atividade pelo profissional liberal.