Civil responsibility for medical diagnosis error

Abstract

The present study aims to analyze within the civil legal system the duty to hold the doctor responsible for misdiagnosis, since in the eyes of justice the doctor-patient relationship came to be seen as a consumer relationship. Therefore addresses civil liability and its species, subjective liability, how it suits medical liability actions, which requires proof of guilt along with its elementary, negligence, recklessness and malpractice. Its requirements such as guilt, action of the individual that causes the damage, damage, damage caused by action or omission and causal link, the link between damage and guilt, and when the physician's civil liability regarding the medical error, more specifically on the diagnostic error, considered the bad result of an action or omission. The concern of the judiciary in seeking to resolve cases of medical error in the diagnosis, always based on specialized expertise so that mistakes are not made, because failing to hold a doctor responsible, when proven guilty, is going against legal precepts, or in the case of condemning a professional who in the specific case was not at fault, injustice will be committed. In the search for an accurate diagnosis of the patient, the doctor must always make use of medical science, because the process of diagnosing is complex, and must be used all. So, so that there is no misunderstanding regarding the responsibility of the doctor, the specific case must be analyzed.