MEDICAL MALPRACTICE: OBSTETRIC VIOLENCE FROM THE PERSPECTIVE OF STATE CIVIL LIABILITY

Abstract

The present study analyzes the civil liability of the State in the face of obstetric violence practiced within the scope of the public health service, understood as a kind of medical error that violates the fundamental rights of parturients assisted by the Unified Health System. The study examines the normative foundations of state liability, with emphasis on strict liability enshrined in article 37, § 6, of the Federal Constitution of 1988, in the duty to ensure safe care provided for in article 196 of the same law and in the norms of the Civil Code of 2002 and the Code of Medical Ethics. It also analyzes the structural and administrative deficiencies of the SUS, the sociocultural vulnerability of parturients and the preventive function of accountability as an instrument for improving public management in maternal health. The research adopts bibliographic and doctrinal methodology, supported by current legislation and the jurisprudence of the higher courts, concluding that the State's accountability is legally grounded, socially necessary and politically urgent.