A RESPONSABILIDADE CIVIL DO MÉDICO E A REGULAMENTAÇÃO PELO CÓDIGO DE DEFESA DO CONSUMIDOR

Abstract

This article sought to clarify the main aspects of the characterization of subjective civil liability attributed to physicians in cases of medical error, outlining the contours of the regulation of medical services by the Consumer Protection Code. The problem investigated was: what are the basic elements legally established by the Civil and Consumer Protection Codes, so that civil liability can be attributed to a physician, in the event of an error? From this arose the hypothesis: which of the legal apparatuses imposes more severe treatment on the physician who commits an error? The general objective of the work, therefore, is to understand the basic requirements for the assignment of the duty to compensate for harmful medical conduct. Furthermore, the specific objective is to reflect on whether the assumption of the physician as a liberal professional by the CDC makes the legal treatment attributed to this professional class more severe or more lenient, in cases of harm caused to the consumer/patient. Regarding the methodology, this is a theoretical qualitative research, which used bibliographic research on the proposed objective, as well as theoretical essays, academic publications and articles for the literature review, in addition to law, doctrine and jurisprudence. This article is a theoretical research typology, with a bibliographic basis, classified as a literature review article.