CIVIL LIABILITY FOR MEDICAL ERROR DIFFICULTY FOR THE VICTIM IN OBTAINING REPAIR EVEN WITH THE REVERSE OF THE BURDEN OF PROOF

Abstract

This scientific article aims to delve deeper into civil liability for medical error and for this to occur it will be necessary to analyze the doctor's civil liability. To this end, originating a historical study was carried out on the topic, by lifting information from bibliographical research to understand the proposed topic, approach to concepts and characteristics. In addition to understanding the current doctrine and jurisprudence on this subject, the physician's obligation was also discussed, highlighting the approach to the damages that the patient may suffer due to poor service provision by the physician, as well as the exclusionary causes of liability that allow the medical exemption from civil liability. Therefore, also analyzed the victim's difficulty in proving the damage suffered, making reparation increasingly difficult to prove, either due to a lack of legal services or a lack of professionals to prepare a report.