Responsabilidade civil do médico veterinário: na perspectiva da ocorrência de erro médico

Abstract

Animals are living beings endowed with sentient and, in front of change adverse to the beneficial maintenance of your health status and quality of life, need to be seen by veterinarians who are the professionals qualified to do so. Thus, this monograph aims to ascertain how the civil responsibility procedure of veterinary medicine professionals currently happens in situations of negligence, recklessness and/or malpractice. This undergraduate thesis aims to analyze Brazilian civil legislation, with emphasis on the Consumer Protection Code, and the understandings of the courts regarding the lawsuits in the branch of consumer law dealing with the reparation of damages suffered by guardians and their pets as a result of the medical error practiced by veterinarians. Checking whether the existing legislation and the judicial system is prepared to examine disputes of this nature. The methodology applied was documentary and bibliographic research, from the analysis of national and international legislation, jurisprudence and the examination of a specific case, according to which, it was possible to conclude that the medical error practiced by a professional who must preserve the protection and well-being of the pet, is a form of animal mistreatment. As well as that the Brazilian civil law system has a deficit that leaves guardians and non-human animals more vulnerable than traditional consumers. This insufficiency occurs for many reasons, including, the anthropocentric view of Brazilian civilist legislation and the unpreparedness of law enforcement operators to deal with claims not only that they were related to the medical error made by veterinarians, but also that they cover animal law as a whole, considering this branch was only recently incorporated into Brazilian law.