Excludentes da responsabilidade civil médica no direito brasileiro.

Abstract

Arising from Roman law, the civil liability arose as a way to compensate someone for damage caused by others. Going through its historical evolution, several were the interesting approaches to the subject, especially with regard to its elements, species, exclusive and damage and its repair. This work was divided into three chapters, the first was analyzed the institute of civil liability, in the second, the medical civil liability and compensation for damage, and finally, exclusive of medical civil liability. Where the objective mainly the study of exclusive medical civil liability in Brazilian law, and more specifically, to systematize the situations that may delete it by identifying and analyzing their exclusive as defense theses, all through the comparison of doctrinal views of various authors, with the legislation and the jurisprudence surrounding the theme. In order to conclude that the theme is very relevant to the present day, and especially that the medical professional, as well as the entire population, must be aware that Miss, causing harm to the life or health of the patient, provided that they are not covered by one of the exclusive of medical civil liability, shall be liable in proportion to the damage experiment by the victim.