CASO CONAMED PDF

Análisis caso CONAMED de Odontología. SpSonSsoSredS. · April 28, ·. Análisis caso CONAMED de Odontología. K Views. 5 Likes50 Shares · Share . shepardrimjvvjhtd. Caso conamed apenidictis vs salmonelosis. DrMandingo WEB. resumejune Laurie Brooks. WordCamp Kansai Title: Importancia de los artículos de Casos CONAMED para el estudiante de medicina. (Spanish); Alternate Title: Significance of articles about CONAMED.

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When a patient arrives at a dental office or hospital in order to receive treatment and there is some unconformity with respect to dental service provided, the patient will be able to resort to different authorities and judicial organisms to vent his complaints on events that took place and promote claims or complaints before competent authorities such as Comision Nacional de Arbitraje Medico CONAMED National Commission for Medical ArbitrageComision Nacional de Derechos Humanos CNDH National Commission for Human Rights attorney general, as well as criminal or civil jurisdiction.

It is necessary for the dentist to be knowledgeable with the different circumstances which might arise once the unsatisfied patient has resorted to any of the aforementioned judiciary organs or institutions. According to article 7, Chapter 1 of the Federal Penal Code, offense is any action or omission penalized by penal law.

Nevertheless, the most common cause for patient dissatisfaction is having been inflicted damage in oraldental health that was not present before treatment. There are several actions or omissions that a dentist can perform and which can be the motive for suits demands or unconformities. We hereby offer a list:.

Any action or omission taking place in the practice of the profession can be consummated maliciously or culpably. In other words, deceit is effected when although knowing the judicial consequences of a certain action, it is decided to perform it in an autonomous and voluntary manner, and guilt takes place when, without desiring it, an unexpected result is obtained, and this result is legally typified as an offence. Lack of skill can be described as care provided by non-qualified personnel who lack skills and minimum knowledge necessary to solve a patient’s oral and dental health problem.

A dentist acts with lack of skill when, lacking the specialist’s degree, he conducts risky procedures even though he is aware of the negative consequences that might arise. In these cases, the dentist counts with full knowledge and sufficient skill to solve the patient’s affliction, but due to poor ethics and reasons such as carelessness, forgetfulness or indifference, he voluntarily decides not to perform pertinent actions, although treatment prognosis might be affected by it Figure 1.

For instance, when a dentist voluntarily decides to undertake operative dentistry or endodontic treatment with absence of total isolation with a rubber dam, he is acting negligently. Likewise, it is considered a negligent action when the dentist underestimates a real emergency such as abscess or odontogenic facial cellulite and voluntarily decides not to treat the patient or to refer him to the pertinent specialist.

The dentist voluntarily performed maladjusted restorations which prevented suitable oral hygiene. Imprudence occurs when the dental personnel acts with excess confidence, not foreseeing negative consequences that might arise during the performance of a given procedure. For instance, this would be the case when a dentist intends to conduct a root canal treatment when he is knowingly aware that files to be used in the procedure are in poor state or weakened by use; he knows perfectly well that these files can fracture within the canals, but nevertheless, he decides to use them.

Figure 2 A and B shows the case of a patient treated with bi-phosphonates, a deficient clinical history of this patient was taken, due to dentist lack of observance and imprudence, the dentist performed multiple extractions and culpably caused maxillary and mandibular osteonecrosis.

Patient afflicted with maxillary and mandibular osteonecrosis after multiple extractions. This is culpably configured when the professional does not grant sufficient attention to a given fact and thus involuntarily causes damage to the patient’s health. A dentist commits failure to comply when he performs an inappropriate treatment due to inattention to his professional responsibility An example of this would be friction burns in the corner of the lips labial commissure during a dental extraction by dissection of a lower third molar.

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Based on the aforementioned explained facts, when a dissatisfied patient resorts to a competent institution to inform about his complaint, an expert procedure will be initiated; this will begin with a request from the Public Prosecutor or from the National Commission of Medical Arbitrage, so as to analyze the case and impart a fair solution for both parties patient-dentist.

All dental health professionals must be aware of the fact that there are different circumstances which might general false imputations, in cases when the dentist has not incurred in real blame. For example, when the patient consciously decides not to follow indications given by the dentist, then, complications arise as a consequence of this neglect, or when the patient additionally omits prescribed pharmacological therapies, demands unnecessary treatment in teeth that do not require therapy, or when the patient voluntarily decides not to continue with treatment.

According to items described in the Federal Civil Code, articleit is stated that if a subject acts illicitly or contravenes good morals, and that as a result of this, damage is caused, such damage must be repaired.

The Mexican Official Norms Normas Oficiales Mexicanas NOM on compulsory observance and administration must be applied in all Mexican territory; 6 in cases when the dentist incurs in judicial anomalies, it will be ascertained that said dentist acted in concordance to the conqmed. It is important to point out that civil suits will never cause loss faso freedom as legitimate sentence; there are several administrative sanctions which might be imposed to the health professional, these are described in Table I.

The Federal Penal Code in its article number indicates that professionals, artists or technicians and their auxiliary personnel will be responsible for offenses committed during the exercise of their profession; it warns that they will be compelled to repair damage caused by their actions, and in the case of recurrence, temporary or definite suspension of their professional activity might be imposed.

Elements of an offence crime. In Mexico, the authority which most often mediates in this type of situations is the Medical Arbitrage National Commission Comision Nacional de Arbitraje Medicothis is a government public institution which offers agreements to disputes of patients and health service operators, this institution additionally collaborates with judiciary authorities. According to what is described in Article 17 of the Mexican Constitution, any controversy between two parties must be solved through expedite tribunals or authorities.

Forensic dental expertise | Revista Odontológica Mexicana

The so-called friendly composition arbitrage consists on granting moral authority to a third party so that it analyzes occurred facts, reunite both parties in search of alternatives to try to reach a solution of the controversy without intervention of judiciary authority; consequentially, this resolution cannot be coercible, that is to say, accorded actions can be fulfilled or not fulfilled.

If the patient continues in disagreement, he can then proceed to strict law arbitrationwhere the arbitrator, who is a recognized and accepted legal individual, will solve the case according to his consideration, or else according to the law. In the first evidentiary stage, all proof from dentist must be provided to later unburden judicial evidence.

In this case evidence is all documentation inherent to the case, such as original clinical file, medical history, extra and intra oral exploration, odontograms, X-rays, informed consent or notes of progress. Evidence unburdening also includes testimonies of both parties and expertise intervention.

When this part is completed, a conclusion called judgment ruling will be emitted, which will be informed to both the patient and the dentist. In order to be legally valid, the judgment must be sent to appropriate expedite tribunals which will ascertain their authenticity and later order its execution, thus providing a solution to the controversy.

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On the other hand, if the ruling is in favor of the dentist he will be able to freely charge the fees he previously agreed upon, caaso well as expenses incurred during the trial and compensation to damage caused to his professional prestige.

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With respect to the judiciary sphere, the dissatisfied patient will be able to present his complaint with the public prosecutor, and this will initiate penal procedures. According to what is czso in article of the CNPP both the victim daso the imputed party might request the execution of all investigative acts deemed useful to clarify the facts, the request cannot be prolonged for more than three days after fonamed date in which the petition has been established formulating the request.

All collected proof elements must be protected by a chain of custody as indicated in article of the CNNP. At the beginning of the initial audience, the control judge will assign a lawyer to the dentist in case he did not count with one and he will inform the dentist of the facts with which he is charged.

Based on facts, the judge will decide whether the imputed party must be arraigned as cautionary measure, or whether he might remain free during the subsequent phases of the faso.

This will be the case as long as the imputed party attends all the hearings, the Public Ministry Attorney, can emit an arrest warrant or summons to appear in conamer it is deemed necessary. The purpose of the intermediate stage is to present and admit proof in an oral verbal phase, and later in a written phase. According to CNPP stipulations, proof can be by confession, by public or private documents, expert opinions or witness declarations.

Importancia de los artículos de Casos CONAMED para el estudiante de medicina.

Once the proofs are unburdened, the final stage will be reached, in this stage, the Judge will dictate sentence, and the procedure will be ruled by principles of publicity, immediacy, concentration, equality, continuity and contradiction.

All dentists must be aware of all actions or omissions which might cause patient unconformity during the practice of their profession, they must be aware of judicial consequences that might arise when these unconformities reach pertinent authorities. All stomatologists must comply in all their professional actions with laws and coamed in force so as to avoid development of civil conqmed penal litigations.

This article can be read in its full version in the following page: Metropolitan Autonomous University, Xochimilco Campus. Rev Odont Mex ; Under a Creative Commons license.

When a patient arrives at a dental office or hospital in order to receive treatment and there is some unconformity with respect to dental service provided, the patient will be able to resort to different authorities and judicial organisms to vent his complaints on events that took place and promote claims or complaints before competent authorities such as Comision Nacional de Arbitraje Medico CONAMED National Commission for Medical ArbitrageComision Nacional de Derechos Humanos CNDH National Commission for Human Rights attorney general, as well as criminal or civil jurisdiction.

We hereby offer a list: A dentist acts with lack of skill when, lacking the specialist’s degree, he conducts risky procedures even though he is aware of the negative consequences that might arise. Likewise, it is considered a negligent action when the dentist underestimates a real emergency such as abscess or odontogenic facial cellulite and voluntarily decides not to treat the patient or to refer him to the pertinent specialist.

The dentist voluntarily performed maladjusted restorations which prevented suitable oral hygiene. Elements of an offence crime. Informe de un caso y Si continua navegando, consideramos que acepta su uso.

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