THE STATE'S CIVIL LIABILITY IN CASES OF MEDICAL NEGLIGENCE IN PUBLIC HOSPITALS

Abstract

The significant increase in lawsuits involving negligence and medical malpractice within the Brazilian Unified Health System (SUS) and the private sector reveals the need for a deeper debate. Patients, increasingly aware of their rights, seek redress for damages suffered during care, hospitalization, or procedures performed in public hospitals. Given this reality, this study aimed to analyze the civil liability of the State in cases of medical negligence occurring in public hospitals, identifying its legal foundations, social implications, and impact on guaranteeing the fundamental right to health. It was based on a literature review, drawing on scientific articles, books, periodicals, jurisprudence, and current legislation. Data collection was carried out using databases such as SciELO, Google Scholar, and others, covering the period from 2020 to 2025. The results showed that civil liability in cases of medical negligence requires proof of three essential elements: culpable conduct, damage, and causal link. Case law analysis has shown that courts have adopted rigorous technical criteria to verify the occurrence of medical malpractice, mainly based on expert evidence. It was also found that, when a failure in the provision of healthcare services is proven, there may be joint liability between the medical professional and the public entity. It is concluded that the civil liability of the State plays an important role in guaranteeing the quality of public health services and protecting patients' rights, while at the same time requiring a careful analysis of the circumstances of each specific case to avoid undue liability.