Responsabilidade civil do hospital particular e de seus médicos por postergação ou omissão de atendimento.

Abstract

The present work has for target to analyze in clear and objective way problematic of the "Civil liability it private hospital and of its doctors for delay or omission of attendance", demonstrating to the relevance it subject for a population that suffers with the lack of a public system of health, with the indifference and indifference of the private initiative. For the accomplishment of the present scientific research, the methods had been adopted legaly exegetc, deductive and bibliographical. The work approaches an unexplored subject in relation separately the responsabilizacao of the doctor contracted and pacific in relation to the responsability of the private hospitals and its professionals. Such study it is justified in the present time for the problematic one that it comes occurring in the private hospitals, where some people comes to lost their lifes about intentional fault omission of attendance or the delay of the same until it has some mode of payment. The doctors contracted for these hospitals if excuse to take any step under the mantle of the hierarchic subordination of the working relation in detriment of the well biggest one, life. It is intended, with uncurling of this work, elucidating fundamental slight knowledge of the civil liability, to analyze the legislation that conduct it and the legal nature of the relations that if establish, since the entrance of the patient in the hospital environment. One will still analyze the concept of medical error and the positioning of the Superior Court of Justice on the responsability cases, weaveeing commentaries on the supremacy of the basic right. Finally, the concrete situation of the omission or delay of attendance for the doctors to the patients in urgency state will be boarded, who does not obtain adequate treatment about Federal Constitution.