A tecnologia aplicada à medicina: a responsabilidade civil médica e os desafios jurídicos

Abstract

The advancement of digital technologies has promoted profound transformations in the healthcare field, especially with the expansion of telemedicine and the incorporation of automated systems, artificial intelligence, and robotic devices in medical practice. In this context, new legal challenges related to medical civil liability emerge, since technological mediation significantly alters the traditional dynamics of the doctor-patient relationship and, in some cases, reduces the direct involvement of healthcare professionals in clinical and surgical procedures. This work aims to analyze the main legal aspects of medical civil liability in the context of the use of technologies in medicine, with an emphasis on telemedicine and procedures mediated or performed by technological systems, considering their impacts on the Brazilian legal system. This research adopts a deductive method with a qualitative approach, based on a bibliographic review of doctrinal works on Civil Law, as well as an analysis of relevant legislation, including the Civil Code, the Consumer Protection Code, the General Data Protection Law (Law No. 13.709/2018), and Resolution No. 2.314/2022 of the Federal Council of Medicine, which regulates the practice of telemedicine in Brazil. The study examines the assumptions of medical civil liability, the doctor-patient relationship in the digital environment, the challenges in characterizing fault and causal link in remote care and technologically assisted procedures, as well as the risks related to the protection of sensitive personal data in the health field.