O erro médico e os impactos no direito à saúde na perspectiva da Corte Interamericana de Direitos Humanos

Abstract

This article analyzes the impacts of medical error on the right to health, with a focus on the law cases of the Inter-American Court of Human Rights (IACHR Court). From this perspective, the research addresses the following problem: how is the fundamental right to health impacted when individuals are victims of medical error? To propose an answer, the article adopts a deductive method, based on a review of literature and case law, with the general aim of understanding the impacts caused by medical errors on the right to health and analyzing them within the jurisprudential framework of the IACHR Court. The specific objectives are: to analyze the structure and functioning of the IACHR Court, to understand the concept of medical error and its legal implications in the field of civil liability, and to evaluate the parameters for prevention and accountability regarding medical errors from the IACHR Court. The research is justified by Sustainable Development Goal n. 3 (Good Health and Well-being), of the 2030 Agenda, which claims to “ensure healthy lives and promote well-being for all, at all ages.” The findings indicate that the IACHR Court plays the relevant role of protecting violated human rights within the domestic law of the States. Therefore, the right to health proves worthy of a broad and concrete protection and the analysis of a physician's civil liability is very important for identifying its actors and applying the most appropriate consequence in each specific case.