Reflexões acerca da responsabilidade civil do estado em casos de erros médicos

Abstract

Civil liability is an extremely important and complex issue within the legal harvest, since, depending on the mode of responsibility depends on abstract concepts such as the existence of malice or negligence. Therefore it is so important to the study of this subject. We will present this academic work reflects on the responsibility of pubic administration on medical error because we see everyday in the media the incidence of numerous errors committed by health professionals, causing damage is often irreparable, considering that these professionals work with most well protected by the rule of Law, life. For this reason, there is the importance of determining who is responsible for malpractice, knowing that having the damage and such liability is proven, the legal guardian must accept the indemnity or compensation for loss. Below we will see a substantial introduction to the concepts of liability, its methods and theories, its applicability in the context of public administration, as well as exclusive due to such liability. Analyze some judged on the subject as well as current positions of the courts regarding the liability of public administration on medical errors. Finally we present a repeated conclusion of the whole matter, in order to offer a fixed position on the subject. We invite all who have an interest in the subject to appreciate the content of this academic work, in the hope that it will enrich the reader's prior knowledge and any questions that disturb the intellect of it.