MEDICAL ERROR IN THE COURT OF JUSTICE OF THE STATE OF ACRE

• DOI: 10.22533/at.ed.1592182201047

• Palavras-chave: Medical Law, Civil Liability, Medical Liability, Medicine, Law.

• Keywords: Medical Law, Civil Liability, Medical Liability, Medicine, Law.

• Abstract:

  Introduction: The increase in medical malpractice lawsuits has been growing epidemically. Several studies have shown this trend, most of them involving the South and Southeast regions. With this, it is essential to study the interdisciplinarity between medicine and law and the analysis of data referring to this issue throughout the Brazilian territory.

  Goal: To analyze the lawsuits involving medical errors in the Court of Justice of Acre, carrying out a survey of data on the subject of processes both in the civil and criminal spheres.

  Method:A keyword search was carried out in the jurisprudence area of the TJAC website with the term “medical error” without a date, with the deadline of 03/08/2017.

  Result:22 judgments were found, 9 of which were excluded for different reasons and 13 remaining that respected the analysis criterion. The first case found with this theme was in 2007. The absolute majority (92.31%) refers to cases in the civil area. There was a predominance of cases involving the medical specialties Gynecology-Obstetrics and Orthopedics. Cases that had a doctor on the defendant's side had lower conviction rates than those involving the State or hospitals. 

  Conclusion: The physicians most exposed to medical error are the surgical specialties, probably due to the higher rate of complications associated with the procedure and the habit of synthesizing information in medical records.

• Número de páginas: 10