Aplicabilidade da teoria da perda de uma chance nos casos de erro médico

Abstract

It analyzes the applicability of the theory of loss of chance in cases of medical malpractice. Initially, it presents the definition and evolution of the loss of a chance under the civil responsibility, as well as shows the general criteria for its proper implementation. Then, made an examination of medical accountability, addressing your nature and the kind of obligation assumed by the professional in their relationship with the patient. It explains even the telltale means the medical blame and the situations in which not configure duty to indemnify. Exposed the concept of the theory of loss of a chance and checked the liability method of medical, draws up an analysis of the application of that theory in the medicine area, checked in subtracting the chance of a cure or a bigger or better survival, pointing their particularities as opposed to other cases of loss of a chance, known as classics. It evokes too the issues raised by scholars opposed to its application to medical error. Finally, present the idea of the lost chance as autonomous legal asset, in line with the precedent of the Superior Court of Justice analyzed in this study, as well as proposed elements to be observed by the judge in the arbitration of indemnity by the appropriate amount loss of chance of cure or survival.