Responsabilidade penal médica: sina à sociedade do risco
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Date
2020-12-11
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Universidade Católica do Salvador
Abstract
This paper aims to analyze the social risks resulting from post-modernization regarding
medical practice, analized from the Critical Theory of World Risk Society, proposed by Ulrich Beck.
We analized specifically the social risks of medical practice due to scientific and technological
development and the legal-criminal intervention in the context of medical accountability regarding
their labor acts. In order to answer the proposed objectives, a bibliographic research was carried out
through a database survey with publications in Portuguese, English and Spanish. This article was
organized in specific chapters that deal with medical ethics, medical errors, medical criminal liability
and risk society and the doctor-patient relationship. In this context, the benefits and risks of
technological and scientific development for the work of the physician became evident, as well as the
need for caution in using the guidelines of the Defensive Medicine Guide that promotes the excessive
use of diagnostic procedures as a way to protect doctors from possible crimnal proceedings. Thus,
we can infer that medical professionals in the risk society must respect the patient's will and right to
self-determination, aware that consent in relation to treatment will play an extremely important role
in the doctor-patient relationship.
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Keywords
Erro médico, Homicídio culposo, Erro médico escusável, Erro médico inescusável, Modernidade reflexiva, Medical error, Manslaughter, Excusable medical error, Inexcusable medical error, Reflexive modernization