EL DERECHO MÉDICO FRENTE AL DERECHO DEL PACIENTE A LA LUZ DE LA DIGNIDAD DE LA PERSONA HUMANA

Resumen

What is the practical difficulty in applying Medical Law, without violating the Patient's Rights in light of the dignity of the human person? The general objective is to investigate whether there is a transgression of the Patient's Rights and Human Dignity. In this sense, with regard to the specific objectives to achieve the general objective, they will be: analyzing whether Medical Law has been applied diligently by medical professionals. Check whether there is a lack of due diligence by medical professionals with legal regulations. Identify factors that imply practical difficulties in using legal regulations. Regarding the time frame, it is based on the evolution of men's rights, around 1948, the geographic frame is limited not only to Brazil, in terms of norms. The research method is exploratory with data analysis and collection and the research technique with bibliographic and jurisprudential references. The results indicate that in practice there is a transgression of the patient's rights with the use of defensive medicine, in principle, validated with the data pointed out by the authors. The discussion, according to the research notes, is due to the increase in legal demands, resulting from the lack of diligence by medical professionals regarding the regulations inherent to their work. Therefore, considering the increase in demand in the judiciary and validation in research, directing the understanding of medical errors with civil liability, it is important to verify the possible reasons that contribute to the increase in the use of the judiciary.