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oai:doaj.org/article:2ae11c457a6143d084886398930b6ca8

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Legal mechanisms for patient safety: rethinking the legal treatment of the topic in Brazil

Abstract

A Judicialisation of medicine is an increasing burden in Brazil, i.e. there is a gradual increase in legal proceedings against medical professionals as a result of adverse events. This article aimed to identify and summarise the legal mechanisms adopted by different countries to deal with issues relating to patient safety and harm to patients from healthcare. In view of the predefined premises of this article and its scope, the following mechanisms have been categorised: (I) out-of-court settlement of conflicts in healthcare; (II) patient complaints system; (III) compensation for damages without fault or administrative action; and (iv) disclosing and apologies. This was a theoretical and documentary study, based on the specialised literature on each of the subjects covered by the mechanisms identified and on the European Union Report on Patients’ Rights of 2016. It is concluded that the Brazilian model focused on the judicialisation of medicine leads to the weakening of the established trust links between healthcare professionals and patients and to the spending of excessive material and human resources by the State and the parties involved in legal proceedings, without the outcome of the legal proceedings guaranteeing satisfaction of the claims; moreover, the systemic improvement in the quality of health services is not the result of legal proceedings.

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