CIVIL LIABILITY OF THE PHYSICIAN AND PATIENT AUTONOMY: THE CONFLICT BETWEEN DUTIES AND THE FREEDOM OF CHOICE

Abstract

In an era marked by the advancement of medicine and the strengthening of individual rights, the clash between the physician’s duty of care and the patient’s autonomy becomes increasingly relevant and complex. This paper analyzes the legal conflict between the civil liability of healthcare professionals and the patient’s freedom of choice, reflecting on the limits of these two fundamental principles and their practical implications in the exercise of medicine. Medical civil liability, based on the notion of fault and the duty to compensate for damages resulting from professional error, contrasts with patient autonomy, constitutionally guaranteed as an expression of human dignity and individual freedom. The research was conducted through bibliographical, legislative, and jurisprudential analysis, with emphasis on specialized works in Civil Law, Medical Law, and Constitutional Law, aiming to contribute to a better understanding of the legal boundaries involving medical practice, professional security, and respect for the patient’s will.