Uma análise acerca da responsabilidade civil do erro médico e suas ramificações no direito civil brasileiro

Abstract

The summary aims to analyze civil liability for medical error and its legal aspects, as well as to observe the jurisprudence on the subject, and possible existing divergences, focusing on the different situations of the application of subjective and objective liability. The method used was the dialectic as an instrument for analyzing civil liability in the Brazilian Civil Code/2002, and verifying the due observance of the subject in different cases of medical error. The historical method was used to obtain understanding and investigate the historical advances of law of reparation and its ramifications in the current legal system, with the aid of bibliographical research and scientific articles. It is concluded that civil liability is complex and reproduces specific remedies for each case, so that medical error, which is difficult to ascertain, is always necessary for proving the agent's fault, but the hospital's responsibility for the physician's error, despite being objective, according to peaceful jurisprudence, it is necessary to prove the doctor's guilt. Finally, the nature of the doctor-patient relationship is, peacefully, consumerist, which allows benefits to the patient, such as reversing the burden of proof.