CIVIL LIABILITY FOR MEDICAL ERRORS

Ricardo dos Reis Oliveira Silva, Solange Barreto Chaves

ABSTRACT:

The study theme of this work is to analyze the doctor in the exercise of his activity, with the possibility of error harming the patient and leading to civil liability, observing factors that contribute to this in terms of the severity and amount of damage caused to the victim. , in addition to pointing out the legal issue of the topic, stressing trying to distinguish between what can be considered a medical error and what can be understood as a complication, unforeseeable event or force majeure and the issue of causes that exclude liability. We then have medical civil liability, also defended by some doctrine and jurisprudence as being contractual, but in certain cases it can be extra-contractual.

Keywords: Civil liability. Medical error. Guil.