Responsabilidade civil do radiologista no diagnóstico do câncer de mama através do exame de mamografia

Abstract

The present study was aimed at analyzing civil liability for medical errors specifically for a radiologist's errors in the mammographic diagnosis of breast cancer. As examples, Court decisions were analyzed with the aim of showing the understanding of the Brazilian Courts of Law, among them the Supreme Federal Court that is responsible for reviewing, on appeal, judicial decisions affronting the Brazilian Constitution, as well as the Superior Court of Justice, that is competent to judge on appeals against decisions violating Federal Laws. The reviewed material demonstrates the Courts' view on the subject discussed on the present article, describing the consequences of radiologists' and radiological centers' errors in the sphere of the civil law that establishes monetary indemnity as a consequence of the existence of civil liability. That is to say that the duty to indemnify arises from the testifying of the existence of civil liability. Thus, once the civil liability is removed, the duty to indemnify comes to an end. Indemnity should not be confused with civil liability; the latter is the foundation of the former. © Colégio Brasileiro de Radiologia e Diagnóstico por Imagem.