Medical Error X Adverse Effect - Effectiveness of the Presumption of Innocence’s Principle in Indemnity Lawsuits Andre Luiz Abul Hiss Franco

Abstract

In this paper discusses the need to change the nomenclature “medical error”, used by the Judiciary to classify processes that deal with civil liability for damages suffered by patients undergoing medical treatment. The model for classifying processes by the Judiciary Power and the current legislation and jurisdiction on the civil liability of the physician are presented and, as a specific objective, the need to replace the expression “medical error” with “adverse effect” is analysis. Therefore, an exploratory bibliographic research was carried out and the hypothetical-deductive method was used in order to answer the question: Would the proposed nomenclature change be necessary and beneficial? In the end, the question raised was answered with a positive response.