Legal mechanisms of patient safety: Rethinking the legal framework of the theme in Brazil

Abstract

The judicialization of medicine is a growing phenomenon in Brazil. There is a gradual increase in suits against physicians as a result of adverse events. This article aimed to identify and synthesize the legal mechanisms adopted by different countries to deal with issues related to patient safety and harm to patients due to health care. Considering the assumptions previously established in this article and its scope, the following mechanisms were categorized: (i) mechanisms on extrajudicial solution of conflicts in health care; (ii) mechanisms on patient complaint system; (iii) mechanisms on compensation of damages without fault or administrative; and (iv) mechanisms on disclosure and apologies. It is a theoretical and documentary study, based on the specialized literature on each of the subjects covered by the mechanisms and the European Union’s Report on Patients’ Rights, (2016). It was concluded that the fact that the Brazilian model is based on the judicialization of Medicine leads to the weakening of the bonds of trust established between health professional and patient. Also, it contributes to the expenditure of excessive material and human resources on the part of the State and the parties involved in the legal proceedings without guaranteeing the corresponding satisfaction of the same with the result of the judicial action. In addition, because of judicial actions, the systemic improvement of the quality of health services is not yet achieved.