MEDICAL ERROR IN PEDRIATRICS: STUDY OF CIVIL LIABILITY IN BRAZILIAN LEGISLATION

Abstract

Civil liability is the obligation to repair damages caused to third parties due to an unlawful act or omission. In the medical field, this means that a healthcare professional can be held liable for errors that cause harm to a patient. Within the healthcare system, for the purposes of this study, we focused on the specialty of Pediatrics, which deals directly with newborn and child patients. The main objective of this study was to analyze the Brazilian legal framework regarding the civil liability of healthcare professionals with regard to medical errors committed in pediatric cases. As this is an integrative literature review, the methodology used was based on scientific articles, books, periodicals, case law, and current legislation on the subject. Data collection was carried out using databases such as Scielo, Google Scholar, among others, from 2019 to 2024. The results showed that civil liability in the context of pediatrics can be assessed based on criteria such as duty of care, causal link, and harm caused to the patient. The institution where the care was provided can also be held liable for medical errors in pediatrics, especially if there are failures in the organization and management of health services. Compensation for damages caused to patients and their families must be proportional to the damage actually suffered, taking into account aspects such as pain, suffering, loss of income, and the cost of treatment.