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The discussion dragged on for twenty years in court. The lack of information about the surgery resulted in a worsening of the patient's quality of life.

From the Editors

 

Wednesday, October 16, 2024

 

Updated at 11:24

 

After a long legal battle that lasted for two decades, the STJ reiterated the liability of Hospital  in a case of medical error that significantly deteriorated the quality of life of a patient. The 4th panel of the STJ, by majority, highlighted the failure to provide information about the surgical procedures performed as central to liability, generating moral and material damages to the patient.

 

The case originated in 2004, when the patient sought treatment for a persistent tremor in his right arm. The surgery, suggested as simple and low-risk, ended up being performed bilaterally, worsening his health condition and resulting in the loss of basic motor skills.

 

In ruling on the case, the STJ stated that the hospital, together with the clinic and the doctor involved, share responsibility for the damages caused, even though the hospital did not have a direct employment relationship with the doctor. The Court emphasized that the hospital benefited economically and had an active participation in the process that culminated in the harm to the patient.

 

Hospital will compensate patient for medical error, decides STJ. 

The hospital's arguments that its liability for the moral damages awarded should be proportional, limited to 1/5 of the total amount of the award, were rejected by the court. The STJ reinforced that liability covers all healthcare service providers involved, regardless of their employment relationship.

 

Justices Isabel  and Raul Araújo understood that the hospital should be excluded from liability for the damage, arguing that the duty to provide information was a personal duty of the doctor, but they were defeated. The vote of the rapporteur, Justice Luis Felipe  prevailed, for whom, regardless of a direct employment relationship with the doctor, the hospital participated in the process that led to the damage.

 

The panel also clarified that the case was not just about evaluating the application of the loss of a chance theory, but about recognizing the occurrence of an unlawful act and the resulting civil liability, imposing the obligation to fully compensate for the damages caused.

 

Impasse resolved.

 

The final decision by the STJ resolves a dispute that has dragged on for 20 years. Until the last moment, there was a stalemate between the ministers on whether the compensation should fully or only partially cover the material damages. By majority, the court decided that the compensation should be total, covering all past and future expenses related to the treatment.

 

According to the lawyer, it will still be necessary to calculate the exact amount of compensation, which should include medical costs throughout Tiagos life.

 

This amount, although high, is yet to be defined. After the final decision, the case will return to the first instance for the settlement of the sentence, where the final amount to be paid by the doctor and Hospital will be determined.

 

For Ademir, this decision underscores the importance of fair and complete compensation for victims of medical errors and highlights the need for a legal system that guarantees full compensation for the losses suffered.

 

 link: https://www.migalhas.com.br/quentes/417675/stj-determina-indenizacao-de-hospital-a-paciente-por-erro-medico