RESPONSABILIDADE PENAL DO ANESTESIOLOGISTA: LIMITES ENTRE CULPA MÉDICA E CRIME
RESPONSABILIDADE PENAL DO ANESTESIOLOGISTA: LIMITES ENTRE CULPA MÉDICA E CRIME
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DOI: https://doi.org/10.22533/at.ed.82082326280113
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Palavras-chave: anestesiologia; responsabilidade penal; culpa médica.
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Keywords: anesthesiology; criminal liability; medical negligence.
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Abstract: Introduction: Anesthesiology is a highly complex medical specialty involving direct interventions on vital functions, which makes it prone to serious adverse events and, consequently, to criminal-law scrutiny. In the context of increasing healthcare litigation, it is essential to define when an adverse outcome results from inherent anesthetic risk and when it may constitute criminally relevant misconduct. Methods: A qualitative, exploratory, and descriptive study was conducted through a literature review in Criminal Law and Legal Medicine, combined with documentary analysis of applicable legislation and ethical-professional regulations related to medical practice and clinical documentation. Results: Criminal liability of the anesthesiologist requires proof of negligent conduct, characterized by breach of the objective duty of care, supported by causal nexus, foreseeability, and avoidability of the outcome. An adverse clinical result alone does not constitute a crime. Conducts most commonly associated with criminal attribution include monitoring failures, inadequate airway management, medication errors, and unjustified delay in interventions in the presence of critical signs. Forensic medical evidence proved central to reconstructing the clinical event and establishing causation, with the medical record and anesthesia chart being key elements both for expert assessment and professional defense. Conclusion: Criminal intervention should be subsidiary and applied only when robust evidence of negligence and causation exists, preventing automatic criminalization of adverse events inherent to anesthetic risk. Safety protocols, diligent practice, and complete clinical documentation are essential strategies to prevent adverse outcomes and reduce legal vulnerability.
- Lana Paola Almeida Santos Lima
- Emanuel Mercado Cedron Benetti
- Maria Gabriela dos Santos Rodrigues
- Hudson Amaro Barboza
- Letícia Pirola Maziero Anacleto
- Renato Carneiro Anacleto