Responsabilidade civil por erro médico.

Abstract

The exercise of the art of medicine is not new, since the early days was sought to sustain life, even without the knowledge that exists today. Long was the period required for today we could enjoy a medical science. Along with the creation and evolution of this science, there was also the emergence and development of accountability of those who exercise great medical profession. Due to the importance of the topic malpractice liability both for society and for the legal world, it was intended to address what characterizes and identifies in terms of doctrine and jurisprudence. The aim is therefore to examine what characterizes the malpractice and what its consequences under civil liability, in addition to seeking to show what has been the understanding of the courts on the subject currently under study. To prepare this work we adopted the method of deductive approach, with respect to the method of procedure was followed and the historical monograph; already regarding a research technique used was indirect, through literature, they have been used and analyzed works of various authors, papers, laws and jurisprudence on the subject liability for malpractice. By studying the doctrinal error was analyzed within the medical aspect of liability, found that getting in doctor-patient relationships apply the subjective theory, where it occurs for the obligation to repair the damage, you must prove the guilt of the medical professional in the strict sense, in other words, in the form of negligence, recklessness and incompetence. Also demonstrating that the medical liability has contractual nature. Through the study of the current articles of the Civil Code aimed to show how it is done to repair the harm caused by medical error, shooting that happen civil liability for malpractice when staying duly established that the doctor acted upon guilt in the strict sense.