A responsabilidade civil do medico pela perda de uma chance

• Autor(a) principal: Matano, Syllas Fernando Benevides
• Data de Publicação: 2017
• Outros Autores: Sobierajski, Henani Luiz
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/16846
• topic: Responsabilidade Civil. Erro Médico. Perda de Uma Chance. Responsabilidade do Médico

The objective of this study was to deal with the possibility of the physician being responsible for the loss of a chance, drawing the doctrinal and jurisprudential understanding around the research, since the absence of an express rule that speaks about this, about its appearance and the birth of the institute in Brazilian law and showing what the Civil Code says about responsibility, its parameters, modalities and concepts. The distinctive peculiarities between the Civil Code of 1916 and the Civil Code of 2002 on civil liability and its exclusions will be demonstrated later. In a second moment, the civil liability of the physician will be considered, whether it is of a means or subjective or objective result in relation to his patient, if the provisions of the Consumer Protection Code in this demarcation and the cases brought by the Statute of the Order of the Doctors about the hypotheses of accountability of this individual for the exercise of their acts. Finally, the main aspects of the theory of loss of a chance, such as its characteristics, ways of proving it, the indemnity value in the concrete case, the modalities of occurrence and the jurisprudential understanding around the subject will be addressed, observing the requirements That such Courts use when applying it and the arguments brought in when such a theory is not adopted. Key words: Civil responsibility. Medical error. Loss of a Chance. Responsibility of the Physician.