Civil Liability of Doctors in Times of Covid-19

Abstract

The consumer protection code provides that physicians' responsibility is, as a rule, subjective. In view of the pandemic context experienced since 2020, the present research started from the following problem: How to understand the subjective responsibility of the doctor, highlighting the element of guilt, in times of Covid-19? In order to answer this question, the general objective was to discuss how the doctor's guilt is configured in relation to a damage caused by him in the face of a patient in times of Covid-19 and consequently the hypotheses of indemnity. carried out with a search of books, articles from qualified journals, accessible on Scielo, dissertations and theses available in the digital library of theses and dissertations. The documentary research was carried out from the analysis of decisions involving the civil liability of doctors in times of covid-19. As a result, it was observed that if the doctor, in the exercise of his professional activity, does not act with all the necessary technical means and due caution, he will commit an illicit act and may be called to indemnify. However, guilt, an essential assumption for the characterization of subjective responsibility, must be studied considering the context, as well highlighted by the three-dimensional theory of law, given that the pandemic context must be considered in order to understand the norm and value it in the social time.