O erro médico e a responsabilização civil no grande ABC paulista: um estudo descritivo

Robinson Henriques Alves; Victor Martins Leal; Gabriel Guilherme Pinheiro; Leandro Mesquita Avellar; Gregório Fernandes Melnik; Gustavo Soares Teixeira; Adriano Vieira de Sousa

doi:10.56344/2675-4827.v5n1a2024.3

Robinson Henriques Alves Universidade Municipal de São Caetano do Sul
Victor Martins Leal Universidade Municipal de São Caetano do Sul
Gabriel Guilherme Pinheiro Universidade Municipal de São Caetano do Sul
Leandro Mesquita Avellar Universidade Municipal de São Caetano do Sul
Gregório Fernandes Melnik Universidade Municipal de São Caetano do Sul
Gustavo Soares Teixeira Universidade Municipal de São Caetano do Sul
Adriano Vieira de Sousa Universidade Municipal de São Caetano do Sul

DOI: https://doi.org/10.56344/2675-4827.v5n1a2024.3

Abstract

Introduction: The study analyzed the frequency and profile of medical errors lawsuits in the metropolitan region of ABC Paulista, between January and December 2022. Objectives: The main objective of the study was to describe the profile of medical errors lawsuits, highlighting the medical specialties most subject to legal proceedings, the origin of first-instance lawsuits, the value of the claims, the involvement of professionals from the public and private sectors, the participation of doctors in litigation with legal entities, and the nature of the damages alleged by the plaintiffs. Method: A research was conducted using the term "MEDICAL ERROR" in public databases of the Court of Justice of the State of São Paulo. Civil and Small Claims Court judgments were included, provided they were not under judicial secrecy. Judgments that did not address civil liability and medical acts were excluded. The analysis of the judgments considered elements such as location, medical specialty, origin of the lawsuits, value of the claims, and the participation of medical professionals in litigation. Results: A total of 180 judgments that met the methodological criteria were analyzed. The majority of lawsuits were filed against private healthcare services (57.78%). The medical specialties most subject to legal claims were gynecology and obstetrics, urgent and emergency care, and general surgery. The majority of lawsuits were ruled in favor of the defendants (73.33% in São Bernardo do Campo, for example), and medical professionals had fewer convictions than the legal entities they worked for. Conclusion: The results of the study indicated that the majority of medical errors lawsuits in the ABC Paulista region are ruled in favor of the defendants, and doctors have fewer convictions than the institutions they serve. The most demanded specialties and the types of damages alleged by the plaintiffs were also identified.

Keywords: Medical Errors, Ethics, Medical, Health's Judicialization