'Medical error' and 'health services' analysis of civil liability from the perspective of the National Council of Justice

Abstract

This article studies the expression “medical error”, seeking to explain the repair of material and/or moral damages resulting from the civil liability of medical professionals in the context of health services, as proposed by the CNJ. It is intended to explain that the evolution of the concept of "medical error" to a comprehensive and neutral approach such as "health services", envisages a fair balance between the protection of patients' rights and those of health professionals. It is concluded that the recent terminological change promoted by the CNJ constitutes an important step towards modernizing the legal system and improving the quality of health services in Brazil.