Responsabilidade civil do médico e contrato de seguro profissional como forma de solução extrajudicial

Abstract

The present work approachs the institute of civil responsibility, specifically of the medical doctor‟s responsibility, due to the medical error and the difficulty that the victims have in proving the conduct error. The work pursued an efficient solution to the controversy presented, being the professional indemnity insurance contract a suitable and agile implement for this. The method used for the study was deductive, through the documentary and bibliographic research in the laws, in the phenomenological-hermeneutic doctrine and jurisprudence, to identify how the Law, through normative and jurisprudential production, can collaborate for the effective reparation of the damage caused to patients victims (by medical error, or by malpractice, negligence and recklessness on the part of these professionals who exercise the profession under daily pressure). The study is divided into three parts, the first is dedicated to explain the medical activity, as well as the contractual nature of the doctor-patient relationship. The second part, a brief study about the civil liability‟s evolution and, finally, the third part brings how to prevent the problem through the professional civil liability contract. It is concluded that in order to effectively remedy the damage caused to the medical error victim, health professionals must have a professional indemnity insurance contract in order to avoid legal conflicts, as well as the protection of physicians' assets.