Criminal liability of medical professionals in the São Paulo State Court of Appeals
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Publication Date: | 2018 |
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Format: | Article |
Language: | eng |
Source: | Einstein (São Paulo) |
Download full: | http://old.scielo.br/scielo.php?script=sci_arttext&pid=S1679-45082018000100202 |
Summary: | ABSTRACT Objective To collect criminal justice data involving medical professionals in the São Paulo State Court of Appeals and to establish the number of criminal proceedings involving said professionals, the content of the accusations and the conviction rate per specialty. Methods A keyword search was carried out in the State Appellate Court case law website with the term “medical error” for decisions rendered from January 1st, 2011 to December 31st, 2016, and the subject “criminal law” was selected. Results A total of 34 cases met the inclusion criteria and were analyzed. Lower court's convictions accounted to 73.5% of the cases, with a slight tendency towards increase over the years. The number of cases per medical specialty was ten cases of clinical emergency, eight of obstetrics, seven of surgery, three of pediatrics (one case was related to pediatrics and obstetrics), two of orthopedic surgery, two of clinical director, one anesthesiologist and one nonemergency internal medicine physician. Among these cases, 6 were related to bodily injury, 26 to homicide and 2 criminal contempt. Conclusion The physicians most exposed to medical error were from surgical specialties, probably due to the higher rate of complications associated with the procedures, and emergency physicians, professionals who need greater qualification. |
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Criminal liability of medical professionals in the São Paulo State Court of AppealsDamage liabilityMedical errors/legislation & jurisprudenceLegislationmedicalABSTRACT Objective To collect criminal justice data involving medical professionals in the São Paulo State Court of Appeals and to establish the number of criminal proceedings involving said professionals, the content of the accusations and the conviction rate per specialty. Methods A keyword search was carried out in the State Appellate Court case law website with the term “medical error” for decisions rendered from January 1st, 2011 to December 31st, 2016, and the subject “criminal law” was selected. Results A total of 34 cases met the inclusion criteria and were analyzed. Lower court's convictions accounted to 73.5% of the cases, with a slight tendency towards increase over the years. The number of cases per medical specialty was ten cases of clinical emergency, eight of obstetrics, seven of surgery, three of pediatrics (one case was related to pediatrics and obstetrics), two of orthopedic surgery, two of clinical director, one anesthesiologist and one nonemergency internal medicine physician. Among these cases, 6 were related to bodily injury, 26 to homicide and 2 criminal contempt. Conclusion The physicians most exposed to medical error were from surgical specialties, probably due to the higher rate of complications associated with the procedures, and emergency physicians, professionals who need greater qualification.Instituto Israelita de Ensino e Pesquisa Albert Einstein2018-01-01info:eu-repo/semantics/articleinfo:eu-repo/semantics/publishedVersiontext/htmlhttp://old.scielo.br/scielo.php?script=sci_arttext&pid=S1679-45082018000100202einstein (São Paulo) v.16 n.1 2018reponame:Einstein (São Paulo)instname:Instituto Israelita de Ensino e Pesquisa Albert Einstein (IIEPAE)instacron:IIEPAE10.1590/s1679-45082018ao4060info:eu-repo/semantics/openAccessBraga,Isabel de Fátima AlvimErtler,Laila ZelkcoviczAquino,Rodrigo Moreira deSilva,Bruno de Avilla da Fonseca ePereira,Renata Bastos Melloeng2018-04-20T00:00:00Zoai:scielo:S1679-45082018000100202Revistahttps://journal.einstein.br/pt-br/ONGhttps://old.scielo.br/oai/scielo-oai.php||revista@einstein.br2317-63851679-4508opendoar:2018-04-20T00:00Einstein (São Paulo) - Instituto Israelita de Ensino e Pesquisa Albert Einstein (IIEPAE)false |
dc.title.none.fl_str_mv |
Criminal liability of medical professionals in the São Paulo State Court of Appeals |
title |
Criminal liability of medical professionals in the São Paulo State Court of Appeals |
spellingShingle |
Criminal liability of medical professionals in the São Paulo State Court of Appeals Braga,Isabel de Fátima Alvim Damage liability Medical errors/legislation & jurisprudence Legislation medical |
title_short |
Criminal liability of medical professionals in the São Paulo State Court of Appeals |
title_full |
Criminal liability of medical professionals in the São Paulo State Court of Appeals |
title_fullStr |
Criminal liability of medical professionals in the São Paulo State Court of Appeals |
title_full_unstemmed |
Criminal liability of medical professionals in the São Paulo State Court of Appeals |
title_sort |
Criminal liability of medical professionals in the São Paulo State Court of Appeals |
author |
Braga,Isabel de Fátima Alvim |
author_facet |
Braga,Isabel de Fátima Alvim Ertler,Laila Zelkcovicz Aquino,Rodrigo Moreira de Silva,Bruno de Avilla da Fonseca e Pereira,Renata Bastos Mello |
author_role |
author |
author2 |
Ertler,Laila Zelkcovicz Aquino,Rodrigo Moreira de Silva,Bruno de Avilla da Fonseca e Pereira,Renata Bastos Mello |
author2_role |
author author author author |
dc.contributor.author.fl_str_mv |
Braga,Isabel de Fátima Alvim Ertler,Laila Zelkcovicz Aquino,Rodrigo Moreira de Silva,Bruno de Avilla da Fonseca e Pereira,Renata Bastos Mello |
dc.subject.por.fl_str_mv |
Damage liability Medical errors/legislation & jurisprudence Legislation medical |
topic |
Damage liability Medical errors/legislation & jurisprudence Legislation medical |
description |
ABSTRACT Objective To collect criminal justice data involving medical professionals in the São Paulo State Court of Appeals and to establish the number of criminal proceedings involving said professionals, the content of the accusations and the conviction rate per specialty. Methods A keyword search was carried out in the State Appellate Court case law website with the term “medical error” for decisions rendered from January 1st, 2011 to December 31st, 2016, and the subject “criminal law” was selected. Results A total of 34 cases met the inclusion criteria and were analyzed. Lower court's convictions accounted to 73.5% of the cases, with a slight tendency towards increase over the years. The number of cases per medical specialty was ten cases of clinical emergency, eight of obstetrics, seven of surgery, three of pediatrics (one case was related to pediatrics and obstetrics), two of orthopedic surgery, two of clinical director, one anesthesiologist and one nonemergency internal medicine physician. Among these cases, 6 were related to bodily injury, 26 to homicide and 2 criminal contempt. Conclusion The physicians most exposed to medical error were from surgical specialties, probably due to the higher rate of complications associated with the procedures, and emergency physicians, professionals who need greater qualification. |
publishDate |
2018 |
dc.date.none.fl_str_mv |
2018-01-01 |
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info:eu-repo/semantics/article |
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info:eu-repo/semantics/publishedVersion |
format |
article |
status_str |
publishedVersion |
dc.identifier.uri.fl_str_mv |
http://old.scielo.br/scielo.php?script=sci_arttext&pid=S1679-45082018000100202 |
url |
http://old.scielo.br/scielo.php?script=sci_arttext&pid=S1679-45082018000100202 |
dc.language.iso.fl_str_mv |
eng |
language |
eng |
dc.relation.none.fl_str_mv |
10.1590/s1679-45082018ao4060 |
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info:eu-repo/semantics/openAccess |
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openAccess |
dc.format.none.fl_str_mv |
text/html |
dc.publisher.none.fl_str_mv |
Instituto Israelita de Ensino e Pesquisa Albert Einstein |
publisher.none.fl_str_mv |
Instituto Israelita de Ensino e Pesquisa Albert Einstein |
dc.source.none.fl_str_mv |
einstein (São Paulo) v.16 n.1 2018 reponame:Einstein (São Paulo) instname:Instituto Israelita de Ensino e Pesquisa Albert Einstein (IIEPAE) instacron:IIEPAE |
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Instituto Israelita de Ensino e Pesquisa Albert Einstein (IIEPAE) |
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IIEPAE |
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IIEPAE |
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Einstein (São Paulo) |
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Einstein (São Paulo) |
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Einstein (São Paulo) - Instituto Israelita de Ensino e Pesquisa Albert Einstein (IIEPAE) |
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