A responsabilidade civil do médico no ordenamento jurídico brasileiro: vulnerabilidade na assistência ao paciente e instrumentos de prevenção de conflitos

Abstract

In the twentieth century, with the great technological advancement in health, concepts and the primitive positioning of medicine, seen as priesthood, have become substantially and have given space to a view of a constantly rising science, including more recently the use of robots and studies about telemedicine. The art of practicing medicine now includes technical elements that have brought a logic, based on objective guilt, measured in accordance with the protocols, procedures and duties established by medical science and applicable regulations, for the configuration of the obligation to repair damages arising from any errors incurred by the professional. According to the National Justice Council, there were at least 26,000 cases in 2017, which represents 70 new actions per day in the country, around three per hour. According to data from the Superior Court of Justice, between 2005 and 2017, a 1,600% increase in the number of lawsuits involving physicians is identified in Brazil. Faced with such a scenario, the present study analyzes the most significant vulnerabilities of the physician in the exercise of his profession and that more frequently give rise to conflicts in the relationship with the patient. In view of the above mentioned vulnerabilities, the relevance of the adoption of some preventive measures by the physician, which can both protect the professional from possible civil responsibility, and enhance the relationship of trust and even the effectiveness of many medical conducts, in a way that minimizes the alarming statistics of administrative processes in the scope of the Medical Councils and legal proceedings.