THE VULNERABILITY OF THE PATIENT AND THE LIABILITY ARISING FROM THE NON-MATERIAL DAMAGES CAUSED IN THE TRIANGULAR RELATIONSHIP BETWEEN PATIENTS, PHYSICIANS AND HOSPITALS

• Main Authors: Cleber Sanfelici Otero, Tamara Simão Arduini
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 2019-09-01
• Series: Revista Eletrônica do Curso de Direito da UFSM
• Subjects: danos; hospital; médico; paciente; responsabilidade civil.
• Online Access: https://periodicos.ufsm.br/revistadireito/article/view/32681

In the present study, there is a legal analysis about the triangular relationship established between patient, physician and hospital. In this scenario, the patient is naturally vulnerable, either to the hospital, because he relies on the health services that will be provided often paid with considerable values, or before the medical professionals, as he entrusts his life and physical integrity to the hands of those who will attending, believing in your technical skills. From this relationship can result damages to patients' rights, including non-material damages. The majority of the population is dissatisfied with health services, whether public or private, precisely because of the lack of care in the provision of services. Due to this, it is demonstrated the indispensability of civil liability to compensate for the non-material damages resulting from these relationships. With a bibliographical review, the method of deductive approach and the method of comparative procedure are used to analyze the problem from the Constitution and the legislation to the specificity of situations when comparing the forms of medical acting together with the hospitals.