A responsabilidade civil do médico no âmbito do SUS

Abstract

The present work, of a bibliographical nature, aims to deal with civil liability for medical error in the scope of the Single Health System - SUS, a topic still quite discussed, even with advances in the health area, regarding the implantation of new technologies, clinical protocols and the SUS itself, an artificial system that provides a better distribution of competencies among federal entities and standardizes healthcare in the public health network, so that access occurs in a universal and egalitarian way. An overview will be drawn on the issues surrounding the error in order to clarify how, and in what circumstances, the physician may be held liable for an act practiced in the exercise of his or her profession, since medical practice can sometimes lead to injury, damage , which are not always the result of the guilty or malicious conduct of the professional, in view of the fact that some treatments are risky and, even with this knowledge, they should be applied because it is the only means of curing or reducing the consequences of a certain pathology . On the other hand, as in other professions, physicians are susceptible to error and they can not be exempt from responsibility, but, for that, it must be ascertained the guilt or malice of the professional, since the regime of responsibility of the liberal professionals is subjective, considered a general rule for Civil Law. It will be clarified aspects inherent in civil liability, as well as its elements, species, as well as explaining responsibility when in the scope of public administration, given that the Unified Health System - SUS is attributed to federative entities. One of the objectives will also be to identify who occupies the passive pole in the judicial actions, when the error is observed in public hospitals or agreed to SUS and to provide a brief analysis of the complexity of calculating such errors.