CIVIL LIABILITY FOR FAILURE TO PROVIDE HEALTHCARE SERVICES: A SAMPLE OF THE IMPACT OF MEDICAL PROFESSIONAL VULNERABILITY ON THE DECISIONS OF THE TJPR IN THE DISTRICT OF PONTA GROSSA/PR

Abstract

This research sought to analyze a sample of court decisions from the District of Ponta Grossa, Paraná, focusing on the vulnerability of physicians in civil liability cases arising from failures in the provision of healthcare services. It aimed to understand the Judiciary's perspective on professional humanization and how this influences the final judgment. The topic was chosen considering how the law constantly faces challenges in balancing legal effectiveness with social reality, while empathetically analyzing the peculiarities of each case. The doctor–patient relationship has undergone significant changes over the years: what was once characterized by trust, personal connection, and intimacy is now interpreted through the lens of consumer relations, following the advent of the Consumer Protection Code. This shift has significantly affected professional autonomy, leading to an increase in the judicialization of healthcare. The study adopted a qualitative approach, based on bibliographic and documentary research, as well as an analysis of decisions issued by the Court of Justice of Paraná (TJPR), taking into account the records of the National Council of Justice (CNJ) regarding cases between 2020 and 2024. The work aims to contribute to the reflection on the legal and social impacts of the civil liability of medical professionals. As a result, it appears that the human vulnerability of physicians is not considered when medical errors occur. This may be attributed to the application of the Consumer Protection Code, whereas the Civil Code provides more comprehensive foundations that do not view the doctor–patient relationship merely as a consumer relationship.