Responsabilidade civil do médico militar

Abstract

The civil liability constitutes a juridical path that contains someone’s duty to repair an evil done to an individual, whenever caused by action or omission. In that way, the civil liability of the military medical personnel in the Navy occurs with some kind of technical failure of this professional, done on board of our hospitals, clinics and health facilities, in land or at sea in our ships, even though at drills in military exercises. In such cases, besides the judicial process against the military doctor, it could be another one against the Force itself, once is that Force who hired the professional to that particular health job. The chosen theme is a great concern in nowadays by all medical personnel in the Brazilian Navy, with the ever growing number of judicial demands perpetrated by the patients against them and against health civilian organizations. The objective of this paper is to make a literature review about the main causes of judicial demands operated by patients against our military health personnel and institutions in Brazil, describing the peculiar role of the daily routine of military doctors in the Brazilian Navy, presenting the main aspects of their civil liability, and, finally, coming out with propositions to insure and prevent that kind of judicial demands against Brazilian Navy and its medical personnel.