Negligência informacional médica : um estudo interdisciplinar dos julgados do Superior Tribunal de Justiça

Abstract

The object of this dissertation - informational medical negligence - locates itself in the sphere of medical liability, restricting the scope at the private sector, where is mostly understood, both by doctrine and case law, as a consumer relationship. The empirical research raises the decisions of the Superior Court of Justice - STJ from their website. From the lexical filtering, is constituted a corpus consisting of eight judgments, analyzed from the epistemic axis of Critical Discourse Analysis - ACD. The literature review seeks dogmatic support to understand the medical liability for violating the duty to inform. It studies the nature and content of medical obligation, and then analyzes the subjective right of consumers to information and the duty to inform of the physician contained in its Code of Medical Ethics. Investigates the importance of Informed Consent - TCI to concrete autonomy and free and conscious choice of the patient-consumer. The qualitative analysis of the corpus enabled the characterization of the violation of the physician‟s duty to inform as a informational negligence