CIVIL LIABILITY FOR MEDICAL ERROR IN THE EXERCISE OF YOUR PROFESSION

Abstract

This study aims to discuss the legal possibility of applying the Civil Liability principle in cases of medical error. It is known that seeking medical help from a doctor or healthcare professional is intended to treat an illness or perform a restorative cosmetic procedure. When this result is not achieved due to proven failure in the professional's performance, the possibility of seeking compensation for the suffering arises in the civil sphere. In this sense, the legal measure of civil liability emerges, which, based on the current Civil Code, requires proof of four requisites: conduct, intent or fault, the result, and a causal link, without which liability cannot be established. Therefore, this study's central objective was to discuss the Civil Liability of medical errors, as well as to understand the elements for their characterization and the forms of civil compensation specified in the Civil Code. It was based on a literature review, based on scientific articles, books, periodicals, and current legislation on the respective topic. Data collection was conducted using databases such as Scielo, Google Scholar, and others, from 2020 to 2025. The results demonstrated that the increasing judicialization of medicine has led to expanded liability criteria, which can create uncertainty in medical practice and defense. However, a physician's civil liability is generally subjective, requiring proof of fault for damages to be compensated. In certain situations, especially in cosmetic procedures or performance-based contracts, strict liability may arise.