A responsabilização civil por erro médico e a vulnerabilidade do paciente

Abstract

Medical error and the consequent civil liability remain highly relevant topics in the legal and social context, given the increasing judicialization of healthcare in Brazil and the impacts that medical errors have not only on patients but also on society as a whole. In this regard, the present study aims to analyze civil liability for medical errors and their repercussions on the doctor-patient relationship. To this end, a descriptive and explanatory investigation with a qualitative approach was conducted. The methodology adopted consisted of a bibliographic review, through the analysis of specialized doctrine and relevant legislation, especially the Civil Code, the Consumer Protection Code, and the Federal Constitution. Accordingly, the research begins with an analysis of the prerequisites of medical civil liability. Next, it examines the situations in which a physician, as a liberal professional, may be held liable, as well as the forms of liability for private hospitals, health plans, and public institutions, considering the different applicable legal regimes. Subsequently, by characterizing medical error, the study seeks to differentiate it from mere adverse outcomes that do not constitute professional failure and to understand the role of civil liability exemptions. Finally, it addresses the vulnerability of both physicians and patients in the face of medical errors and analyzes the relevance of effective communication between doctor and patient, highlighting its function as a mechanism to prevent failures and as an essential tool for establishing informed consent and mutual trust. Therefore, the study contributes to a better understanding of medical civil liability and reinforces the need for a more humanized and communicative approach by healthcare professionals, in accordance with the constitutional principles of human dignity and health protection.