PHYSICIAN VULNERABILITY: THE PUBLIC DEFENDER'S OFFICE AS CUSTOS VULNERABILIS IN MEDICAL MALPRACTICE PROCEEDINGS

Abstract

Vulnerability is present when one of the poles of the relationship becomes weaker and prone to influence and damage. In a doctor-patient relationship, the first deduction that presents itself is the patient as the vulnerable party in the relationship; Although there is a place in this note, since, in most cases, this is the most recurrent scenario, it is necessary to visualize the hidden backstage on stage: the doctor in the figure of vulnerable after a mistake, based on circumstances beyond his control. This point will flourish within the process, with the active participation of the Public Defender's Office, as Custos Vulnerabilis, if it is not a defense per se, demonstrating that, regardless of being requested to represent the passive pole, its presence as a verifier of the guarantees that weigh the vulnerability will be due, concomitantly.