ERRO MÉDICO: RESPONSABILIDADE PENAL CULPOSA NAS MODALIDADES IMPRUDÊNCIA E NEGLIGÊNCIA NO SISTEMA JURÍDICO BRASILEIRO

Abstract

Medical error is an interdisciplinary topic that's particularly relevant in the field of Law. This study's general objective was to discuss the limits of criminal liability for medical error in the negligent modality, specifically due to imprudence and negligence. Aspects related to medical errors were discussed, as well as the analytical concept of crime and the actual punishment suffered by these professionals when committing such negligent crimes. The methodology was explanatory and qualitative, survey, developed from books, scientific articles, laws, and decisions from the Courts. The practice of medicine, by involving risks to human life, imposes on the professional the duty to act with diligence, under penalty of liability in the administrative, civil, and criminal spheres. The importance of a careful analysis of the elements that constitute medical error is highlighted, especially in the criminal sphere, where proving fault is complex and convictions are rare and, generally, lenient. Thus, the law should aim not only to punish but also to guide medical conduct.