RESPONSABILIDADE PENAL E CIVIL EM DECORRÊNCIA DE ERRO MÉDICO

ABSTRACT The ethical and moral issue in medical activity involves concepts that lead to awareness of the professional’s responsibility towards the patient in the criminal sphere and the repair of possible damages caused by procedures instituted by him. The current understanding of the medical profession, however, is influenced by the functioning of public health, health agreements and plans, and the media, which often contribute to the institution of medical error, in addition to the compensation industry. The main cause of medical and the patient is governed by a series of rules and laws. In Brazil, these rules are determined by the Civil, Civil Procedure, Criminal and Consumer Protection Codes, as well as the Code of Medical Ethics. The objective of this study was to present the types of medical error, taking into account the criminal and civil liability of the professional. The methodology was based on a bibliographical review, with reference to the search for physical and digital material. Therefore, it is concluded that a more comprehensive analysis is necessary, as it largely depends on the type of conduct and result. Keywords: Medical Error. Criminal Liability. Civil Liability.