CIVIL LIABILITY FOR MEDICAL ERROR IN A FALSE HIV DIAGNOSIS: A JURISPRUDENTIAL ANALYSIS

Abstract

This article aims to study civil liability in medical and hospital services due to errors in the diagnosis of STIs, especially false positives for HIV. There is a focus on the legal aspect of the relationship between doctor and patient and the way in which independent professionals must fulfill the duty of hospitals and laboratories to provide the results of the tests they carry out. The aim is to analyze bibliographical studies and judgments from the Superior Court of Justice (STJ) and State Courts of Justice.