Violência obstétrica: a responsabilidade civil do médico ante a proteção dos direitos da mulher gestante.

Abstract

The present work has as general objective to discuss the civil liability of the doctor in cases of obstetric violence to guarantee the rights of pregnant women. Regarding the specific objectives, the monograph proposes to present the historical context of humanized childbirth, the conceptualization of obstetric violence, its characteristics and means of identification; indicate the fundamental rights and guarantees of the parturient woman that are established through federal and international legislation; as well as to analyze the institute of civil liability and the requirements necessary for the health professional to be held liable civilly and proportionally to the physical and psychological damage caused to the parturient woman. To achieve these objectives, the methodology is used by the method of inductive approach, going through bibliographical research and through historical procedures. Therefore, it was found that obstetric violence is recurrent in the hospital environment and is expressed through physical, sexual, verbal and psychological violence, where it was possible to conclude that there is a constant violation of the rights of the while it is feasible for the doctor to be held liable for his actions, it is extremely challenging to establish the causal link between negligent conduct and harm by making proof of guilt and therefore, the obligation to indemnify an arduous task for operators of law.