Responsabilidade civil e a transfusão de sangue / Civil responsibility and blood transfusion

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

The standardization of homoterapy under the legislation led to a integration of Medicine and Law. With the ease of access to the judicial system, a lot of lawsuits were filed against hospitals and medicine professionals involved in the blood transfusion process seeking reparation of losses due to the activity. On one side are the medicine professionals that sometimes have a lack of knowledge of their partial or full obligations under the law, and on the other side we have the judicial system and its obligation to seek repair for the patients involved. This work`s main objective is to analyze the impacts and interfaces between the homoterapic activity and the legal implications for civil liability under the brazilian law. For this work we analyzed: current brazilian law and regulations applied for the transfusion process; specific blood transfusion literature; statutes, regulations and ethical codes for health professionals who are involved in the process; yearbooks, articles and regulations manuals of haemovigilance organizations; and, especifically the Standardization for the usage of blood and blood products established by "Hospital das Clinicas da Faculdade de Medicina da Universidade de São Paulo" "Comissão de Avaliação e Controle em Medicina Transfusional (CACTM)". Although no one can deny that blood transfusion is a efficient therapy that has been extensively applied in modern medicine, complications may occur during or after the process. The World Health Organization, the Heath Ministry and the medical literature recognize the inherent risks in the process. The most critical moment in blood transfusion therapy is the transfusion decision wich must be based on technical criteria and on the patient clynical conditions, since this is the occasion when the professional will have to make the decision to expose the patient to all the risks involved. This evaluation has to be based on technical knowledge since this knowledge will be needed to prescribe and administrate the blood components. Brazilian Civil Code regulates that damages related to risk activities be repared by objective responsability, however, it also estipulates that area professionals that cause damage to a third party will be legally responsible for their act. The same understanding is also very clear under the consumer defense code wich also mentions the situations involving blood transfusion procedures. The knowledge of the transfusional procedure and the rules related to the activity allows us to establish the guidelines relating to the individual responsabilities of the process.In this case, doctors, nurses and all professionals involved in the transfusion procedure will be eventually responsible for damages only if imprudence, malpractice or negligence is found to be the case. On the other hand, all hemotherapic services, hospitals and any other institutions involved in process will also be liable for damages caused to a third party.

ASSUNTO(S)

transfusão de sangue blood transfusion serviço de hemoterapia bioethics themes civil liability responsabilidade civil temas bioéticos hemoterapy service

ACESSO AO ARTIGO

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