Civil liability of the ophthalmologist in the São Paulo Court of Appeals

• Autor(a) principal: Braga,Isabel de Fátima Alvim
• Data de Publicação: 2017
• Outros Autores: Vieira,Kelly de Oliveira, Martins,Thiago Gonçalves dos Santos
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Einstein (São Paulo)
• Texto Completo: http://old.scielo.br/scielo.php?script=sci_arttext&pid=S1679-45082017000100040
• topic: Damage liability; Liability, legal; Ophthalmology/legislation & jurisprudence

ABSTRACT Objective To conduct a data survey on the subject of medical claims involving civil liability in ophthalmology at the São Paulo Court of Appeals. Methods A case law research was carried out on the São Paulo Court of Appeals website searching for the keyword “ophthalmologist” for all years until 2016. Results Of the 65 cases found, 29 were selected. There has been an increase in the number of claims in ophthalmology, especially in surgical procedures on the anterior chamber of the eye. Most lower court judgments were for defendant. Conclusion The study suggested the need for specialists to exercise the required amount of care when treating the patients, so that they may understand the risks inherent to the procedure. Despite the increase in claims, most decisions were favorable for the physician.