PATIENT FAULT IN CIVIL LIABILITY LAWSUITS FOR MEDICAL MALPRACTICE

Abstract

The growing judicialization in Brazil, especially in disputes between doctors and patients, is the central theme of this scientific article. It focuses on the importance of doctor-patient civil liability, as well as its constitutional and legal foundations are applied in jurisprudence. In fact, the need to prove fault in cases of damage is addressed, highlighting the distinctions between contractual and non-contractual civil liability, in addition to demonstrating some relevant jurisprudential decisions, emphasizing the subjective analysis of the physician's fault and the nature of the health professional's obligation. In addition, the implications of the patient's fault on the physician's civil liability are discussed, including the possibility of mitigating or excluding the health professional's liability. Finally, criteria are presented to assess the feasibility of lawsuits against doctors, in order to avoid unnecessary lawsuits and promote procedural speed and good faith.