Erro médico

Abstract

The medical malpratice is the focus of the present study, having as objective to establish its real concept and to differentiate it of the adverse result, the complication and the bad practical, therefore all generate harmful consequences to the patient. It´s analyzed where conditions malpratice happens, the factors that influence in its configuration and forms of prevention. It´s understood that the medical malpratice is always based on the guilt, it desregards the obligatio ad diligentiam and must have a causality coherence between the behavior of the doctor and the actual damage to the patient. Without the guilty act, characterized for the inexpertness, imprudence and negligence, the doctor isn’t subject to the criminal, civil and administratively responsability, being only one badly result. The Counsel of Medicine are the responsible for the fiscalization of the doctor in the exercise of the profession and for the application of diciplinary punishment the faulty professionals. Already the civil and criminal responsibility is of the ability of common Justice.