The judicialization of the medical act.

نویسندگان

Roberto Augusto de Carvalho Campos

Rosmari Aparecida Elias Camargo

Luciano Rodrigues Neves

چکیده

Since its beginning and, more effectively, since the Middle Ages, medical practice has been the subject of relentless social control and, consequently, of the Law itself. In this sense, Medieval Medicine was subjected to the practical analysis of obtained results, whether with the use of medications or surgical interventions, thus defining what therapeutic success, accidental result, unforeseeable circumstances or inexorable course of the disease were.1 From the XIX century on, there was an increase in atrisk surgical procedures and, simultaneously, there was an increase in patients’ complaints and their resistance to submit to the procedures indicated by physicians.2 It was observed that such events occurred precisely at a time of increasing investment in more effective surgical techniques and strategies that culminated in the decrease of hospital infection rates. In the early XX century, due to the growth in legal complaints due to medical malpractice, there was ample discussion on the fact that the bad results that occurred should not be attributed exclusively to the surgeon or clinician who directly worked on the case. It is questioned, then, that the responsibility should be shared by other professionals who had the opportunity to act on or influence the assumed behaviors. At the end of the XX century, medical malpractice became a public health problem, as the human and material resources used for the purpose of correction of ‘‘malpractice’’ increased considerably, amounting to approximately 100,000 cases/year in the United States.3 James Reason, a researcher at the University of Manchester, has discussed ‘‘medical malpractice’’ in several publications, and mainly recommencing the discussion that this malpractice could be systemic and organizational,4 intensifying the concern for a safer medical practice. In Brazil, with the advent of the Consumer Protection Code and the considerable increase in demands for

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