Título

MEDICAL RESPONSIBILITY: LEGAL ASPECTS THAT GOVERN THE EXERCISE OF PROFESSION

Fundamentação/Introdução

Provide subsidies for better understanding of what is civil liability, criminal and ethics, informed consent, confidentiality and prophylaxis which involves systematic procedural malpractice.

Objetivos

Brief synopsis involving review of legal literature applicable to medicine: to attribution of responsibility should be associated with: guilt, injury and causal link. Intention corresponds to the willingness to practice a particular act; fault is a fault, unintentionally causing harm to someone and is divided into categories: neglect (examples: issuing false diagnoses, omission or delay in the transfer to the specialist, delayed surgical transfer, abandonment of foreign body intracorporeal), recklessness (examples: using experimental techniques or unconventional surgical procedure, does not require pre-surgical risk) and malpractice (examples: performing surgical section of the facial nerve by professional disability cause necrosis ends because of injection of local anesthetics with vasoconstrictors).

Delineamento/Métodos

Article 186 provides that the professional, by voluntary action or omission, negligence or recklessness, violating law and harm others, even if only moral, commits an unlawful act, subject to indemnification. The specialty Plastic Surgery and Anesthesiology account for obligations end as undertake to obtain the result, due to the activity (without causing harm to the patient). The statute of limitations, to offer compensation action, is 10 years.

Resultados

Criminal liability: regardless of the professional status may respond cumulatively. Crimes doctors themselves: failure to notify of illness (Article 269 of the Penal Code) and false medical certificate (Article 302 of the CP); improper Crimes: murder, abortion with or without the consent of the pregnant woman, failure to rescue, abuse, false imprisonment , spread of contagious disease, illegal practice of medicine, quackery, quackery. Ethical Responsibility: The physician: "Disrespect patient's right to freely decide on the implementation of diagnostic or therapeutic practices, except in cases of imminent danger to life", Article 6 of the Code of Medical Ethics. Informed consent: The Constitution of 1988, Article 5, section II states that "No one shall be compelled to do or refrain from doing something except by virtue of law."

Conclusões/Considerações finais

Definitive: found effectively the importance and relevance of professional practice, imbued with the full understanding and sense of responsibility that permeate the medical art.