Literature DB >> 12205537

[Civil, criminal and ethical liability of medical doctors].

Artur Udelsmann1.   

Abstract

In the last years doctors have been the target of a growing number of civil, criminal law suits, as well as ethical procedures. Medicine is a widely targeted career, not only owing to its inherent risks, but also owing to a mistaken approach of the Judiciary Power about the obligations of medical doctors. Decisions of the Medical Board in ethical procedures have an impact in civil and criminal justice and therefore should be followed closely. The purpose of this review is to provide a wide view from a doctor-lawyer perspective of cases involving civil, criminal liability of anesthesiologists as well as ethical procedures against them, in an effort to make them comprehensible to doctors. After a brief historical introduction civil liability foundations and legal articles are examined. Responsibilities of doctors, hospitals and health insurance providers are discussed separately, as well as reparation mechanisms. Crimes possible to occur during medical practice and respective penalties are described; the direct relationship between crime and civil reparation is demonstrated. The administrative nature of ethical procedure is described, emphasizing that the legal character of its penalties often serve as grounds for civil and criminal justice decisions. Prevention is still the best medicine. Good medical practice and a good medical-patient relationship are still the best ways to minimize lawsuits and their repercussions. Doctors should have some knowledge of juridical mechanisms in lawsuits and ethical procedures, but should not take defense initiatives without prior consultation of an attorney. Civil, criminal and ethical liability of physicians.

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Year:  2002        PMID: 12205537     DOI: 10.1590/s0104-42302002000200039

Source DB:  PubMed          Journal:  Rev Assoc Med Bras (1992)        ISSN: 0104-4230            Impact factor:   1.209


  4 in total

1.  Being a Victim of Medical Error in Brazil: An (Un)Real Dilemma.

Authors:  Vitor Silva Mendonça; Eda Marconi Custódio
Journal:  Health Psychol Res       Date:  2016-06-23

2.  Civil liability of the ophthalmologist in the São Paulo Court of Appeals.

Authors:  Isabel de Fátima Alvim Braga; Kelly de Oliveira Vieira; Thiago Gonçalves Dos Santos Martins
Journal:  Einstein (Sao Paulo)       Date:  2017

3.  INFORMED CONSENT: THE MEDICAL AND LEGAL CHALLENGE OF OUR TIME.

Authors:  Luiz Carlos Séllos Simões
Journal:  Rev Bras Ortop       Date:  2015-11-16

4.  Criminal liability of medical professionals in the São Paulo State Court of Appeals.

Authors:  Isabel de Fátima Alvim Braga; Laila Zelkcovicz Ertler; Rodrigo Moreira de Aquino; Bruno de Avilla da Fonseca E Silva; Renata Bastos Mello Pereira
Journal:  Einstein (Sao Paulo)       Date:  2018-04-23
  4 in total

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