OBSTETRIC VIOLENCE AND CIVIL LIABILITY OF HEALTHCARE PROFESSIONALS AND INSTITUTIONS: A CRITICAL ANALYSIS

Abstract

This article sought to discuss obstetric violence, defined as a set of abusive practices that occur during pregnancy, childbirth and postpartum, ranging from physical and psychological abuse to invasive medical procedures without consent. The research identifies that the lack of specific legislation makes it difficult to punish those responsible and guarantee the rights of victims. It also analyzes the most common forms of obstetric violence, such as unnecessary episiotomy, indiscriminate use of oxytocin, the Kristeller maneuver and lack of respect for informed consent. In the legal aspect, the work examines the civil liability of health professionals and hospitals, highlighting that the liability of doctors is subjective, while that of hospitals can be objective. The study also discusses the reparation of damages, which may include compensation for moral and material damages. The research follows a qualitative and bibliographical approach, analyzing doctrines, legislation and case law to understand the challenges in holding the agents involved accountable. It concludes that it is essential to strengthen public policies and the training of professionals to ensure a humanized and respectful childbirth.