Civil liability for hospital infection in a patient undergoing robotic surgery analysis of Civil Appeal No. 0307386-08.2014.8.24.0023 judged by the Court of Justice of Santa Catarina (TJSC)

Abstract

This paper analyzes the first Brazilian judicial decision that debates medical-hospital civil liability for an adverse event in robotic surgery. It involves a lawsuit for moral damages due to a bacterial infection acquired by the plaintiff, who claims it was contracted because the robot used in the surgical procedure was not properly sterilized. In light of this, the initial aim is to investigate demands regarding adverse events in robotic surgery under the American legal system, given the significant number of litigations that will serve as a source for better understanding the topic and outlining some theoretical propositions. Subsequently, a study of these demands will be conducted from the perspective of the Brazilian legal system. Following this, a brief explanation of doctrinal and jurisprudential understanding regarding civil liability in hospital infections will be provided. Finally, the analysis of the first national judgment on the subject is proposed, aiming to verify the practical application of the method of assigning civil liability among all agents involved in robotic surgery: doctor, nursing team, hospital, and manufacturer.