Considerações gerais sobre erro médico e a caracterização de imperícia

Abstract

In many countries the so-called Western world, we live in a golden age for humanity, because of the perception by man of the right, where the average citizen and even excluded from the most basic formsof education has created a legal consciousness of self and other entities that are part of the society in which we live. This perception of rights occurs due to numerous factors, such as the existence of a democratic state of law, institutions that ensurethe delivery of justice and globalization of the latter, which can be exemplified by the rapid access to information, as occurs with phenomenon of social networks and the Internet itself. Within this context, the individual, whether rich or poor, black orbrown, expert or layman, has experienced a minimum common divisor, which, mutatis mutandis, is present in all: the knowledge of their basic rights as a citizen, as an individual as a human being.It is a fact that the malpractice has always existed. However, the increase in documented cases, formalized and even ending in court has increased exponentially over the past decades, especially in recent years. And this realization of rights by the individual's role in this change of behavior. The relationship between a medical professional and a patient, who previously was naturally a vertical relationship (based only on the medical knowledge they had both) today became a strictly horizontal, where the doctor is a simple, but not least, the service provider patient and his client. Any failure, error or abuse this provision is subject to accountability. The law definitely entered this relationship, making it a relative fair, balanced, without excesses or graces for either side. Reduced to provide medical service, not pejoratively, but in practice, a contract for services with the same duties and responsibilities, albeit verbal.Secondly, we analyze the possibility of civil liability of a physician for malpractice, although that is specialized in the field. Does the mere fact of having studied professional given area of knowledge and even deeper staged in this area that the training disclaims, in any circumstances, be held responsible for having committed an act with medical malpractice, if indeed there was an injury the patient? This is a brief summary of the topics covered in this monograph, which will be detailed in the chapters that follow.