Responsabilidade civil das instituições privadas de saúde pelo fato do serviço médico

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

It deals of the present work is the comments on the civil liability of the private health institutions for the nature of medical service. In reason of the subject to enclose the application of the law to the science of the medicine, by means of application of the model of bibliographical and systematic revision as research methodology, the peculiarities of each science are presented, concluding for the compatibility of the paradigms as established by them. In the day to day practice, it is perceived that this dialectic between sciences of Law and of Medicine exceeds the mere theoretician field, evidencing itself necessity of better approach between them. The practice of Medicine adapted to the modern society currently is exerted as economic activity and meets inserted in the consumption relations. This places the conflict between its hipocratics principles and those applied to conduct the consumption market, which, carried to the Law science, establishes the legal debate between the application of the theories subjective and objective to the liability of the private health institutions for the nature of medical service. This work intends to demonstrate to a solution for the conflict consonant the effective legal system, concluding, at the end, for the possible compatibilization of the Law and Medicine paradigms, according to state of each science, taking as a premise that the objective liability, as conceived by the Consumer Defense Codes discipline, can be applied to the present hypothesis, without means any breaking of the paradigms established by the Medicine

ASSUNTO(S)

direito instituições de saúde fato do serviço médico prestado servicos de saude -- administracao responsabilidade (direito) -- brasil responsabilidade civil health institutions civil liability nature of medical service

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