THE LEGAL NOTION OF CIVIL LIABILITY IN CASES OF ERROR BY HEALTH PROFESSIONALS

Abstract

The civil liability of healthcare professionals in cases of medical error is a complex legal subject, primarily governed by the subjective doctrine that requires proof of fault. The jurisprudence of Brazil’s Superior Court of Justice (STJ) highlights the need for individualized analysis, taking into account the doctor-patient relationship, proof of fault, damage, and causal link. Although liability is generally subjective, there are situations where objective liability applies, particularly when there is an expectation of a guaranteed result. It is recognized that not all negative outcomes are attributable to medical failure, considering the inherent risks of procedures. Furthermore, the obligation to inform the patient about risks and complications is essential, and its violation can lead to liability. Each case demands a specific evaluation, with the jurisprudence of the STJ providing guidelines, but not definitive solutions, emphasizing the importance of evidence in determining civil liability for medical error.