Compliance na medicina: as hipóteses de responsabilização civil do médico e as estratégias preventivas que podem ser adotadas

Abstract

This paper investigates the hypotheses of civil liability of doctors in the face of preventive strategies that can be adopted, highlighting the importance of medical law as a guide for a medical practice based on care and prevention. The approach involves analyzing the preventive strategies that doctors can employ to mitigate legal risks, considering their duties and responsibilities in the civil, criminal, and ethical spheres. The methodology adopted in this study combines qualitative and quantitative approaches for a comprehensive understanding of doctors' civil liability. The study highlights the need for medical professionals to have an in-depth understanding of the legislation relevant to their practice, exploring the links between medical liability, specific legislation, and preventive practices. The results show that, among the participating doctors, 76 expressed fear of legal action. Of the participants, it was notable that 90% of the doctors surveyed, representing the vast majority, do not have preventive legal advisory services. By examining the possible areas of action of preventive legal advice in medical law, the work emphasizes not only the minimization of legal risks, but also the promotion of ethical and safe practices. Finally, it highlights practical examples and relevant court cases, demonstrating the importance of a legal basis in preventing litigation and building a doctor-patient relationship based on trust and responsibility.