Profile of civil litigation requirements for medical error claims in Gynecology and Obstetrics in the State of São Paulo

Abstract

Introduction: society concern about doctors’ performance goes far back in history to the most ancient civilizations; the Code of Hammurabi (1790-1770 BC) was the first document that made reference to criminalization of medical action for damage caused to a patient. Currently, with the increasing legal aspects of Medicine, there has been an increase in indemnity demands as a consequence of judicial malpractice. Gynecology and Obstetrics are among the medical specialties with the highest number of complaints. Objective: To identify the profile of litigation of the State Court of São Paulo for civil liability in cases judged as medical errors in Obstetrics and Gynecology. Methods: the first instance processes referenced were analyzed in 16 judgments of the São Paulo State Court of Justice between June 1, 2013 and May 31, 2014, and research was carried out on the databases Medline, Pubmed and Lilacs. Results: The plaintiffs were seven (44%) patients, eight (50%) patients and spouse, the defendants were nine (56%) doctors, thirteen (81%) hospitals, eleven (69%) cases in Obstetrics, in five (31%) in Gynecology, the expert evidence found causation in four (25%) cases, no causal link in nine (56%) cases. Conclusion: the profile of litigation showed that the plaintiffs were mostly patients and spouses, the defendants were mostly hospitals, the medical specialty most involved was the Obstetrics, the expert evidence favored the defendant, the cases were dismissed most of the time, damages arbitrated in cases of conviction of the defendant vary between R$ 40,000.00 and R$ 466,500.00.