Civil responsibility and its consequences for the Dermatology practice

INTRODUCTION: It is estimated that in Brazil, a large number of civil responsibility lawsuits against the medical professional are in place at the courts.
OBJECTIVES: To analyze the rulings of Justice Tribunals of the Southeast and South regions of Brazil, involving dermatologists and their civil responsibility.
METHODS: Definition of a research protocol on the site of the Justice Tribunals of the Southeast and South regions of Brazil.
RESULTS: Forty-seven rulings were identified in the States of the Southeast and South regions. The main causes motivating civil responsibility of the dermatologist are linked to aesthetic procedures, to patient dissatisfaction regarding therapies chosen and to diagnostic error. Compensations sought in lawsuits against dermatologists were mostly for moral damage. Medical evaluation was requested by the judges in most lawsuits and in 87.2% the reports did not observe a causal relationship. Court decision were in favor of the dermatologists in 82.9% of the cases. It was not possible to see the full lawsuit, only the final report.
CONCLUSION: We can conclude that factors such as adequate training of the dermatologist, their attention to doctor-patient relationship and when filling out patient’s records and documents necessary to medical practice were essential to an adequate medical evaluation, crucial to court decisions favoring dermatologists in most cases included in this study.

Keywords: Damage Liability; Dermatology; Legal Process