DO VENTRE À VIDA: A APLICAÇÃO DA RESPONSABILIDADE CIVIL SOBRE OS PROFISSIONAIS OBSTETRAS POR DANOS OCORRIDOS NO PROCEDIMENTO DE PARTO

This article aims to analyze the attribution of Civil Liability to health professionals, whether doctors or nurses, working in the field of Obstetrics, specifically in situations of damage caused during the birth procedure. Introductory, in light of the Civil Code and doctrines, the concepts and assumptions of liability in the civil sphere are addressed, as well as their respective types and applications. The study delves into the specificities of the birth procedure, disagreeing on the risks inherent to the modalities and pointing out the legally recommended conduct to minimize possible risks to the patient and the newborn. Considering the growing judicialization of health professionals, the main focus of the study is to highlight the applicability of subjective liability to obstetric professionals with regard to their performance, if they commit harmful conduct, even if unintentionally. Finally, hypotheses excluding liability and the possibility of extending blame to hospital entities are presented. The analysis of the topic uses the inductive method and qualitative approach, developed through a legal-descriptive procedure and solely bibliographical research.