Erro médico: as controvérsias acerca da responsabilidade civil médica

Abstract

In view of the duty of reparation for damages committed to others listed in article 186 of the Civil Code, research was carried out on the theoretical and indemnity aspects of medical error, in order to understand its individuality in each case, how to identify them and their compliance with medical obligations. For this, it was necessary to conceptualize medical error and its assumptions, explain the civil liability of liberal and state professionals, provided for in article 14, § 4 of the Consumer Protection Code and article 37, § 6, of the Federal Constitution of 1988, respectively. , as well as their species and causes that exclude liability, analyze medical duties and their contextualization in Brazilian law, as well as analyze the appropriateness of compensation for damages arising from medical error. Therefore, research was carried out on scientific articles, doctrines, jurisprudence and the legislation itself with the objective of seeking justice for cases of medical error, based on the premise that not all unwanted results are characterized as medical errors, requiring proof that the doctor acted recklessly, imperiously or negligently. In view of this, it was found that due to the large increase in cases that present indemnification claims against doctors, judges must individually analyze each case, using civil, consumerist and medical laws, to condemn, if proven, the professional in error to reimburse the patient a value for the damage caused to him.