FERNANDES NETA, B. P. O.; http://lattes.cnpq.br/3824964535040814; FERNANDES NETA, Bernadete Pinheiro de Oliveira.
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.