PHYSICIAN VULNERABILITY: THE PUBLIC DEFENDER'S OFFICE AS CUSTOS VULNERABILIS IN MEDICAL MALPRACTICE PROCEEDINGS
Keywords:
Vulnerabilidade, Médico, Legitimidade, Defensoria Pública, Custos VulnerabilisAbstract
Vulnerability is present when one of the poles of the relationship becomes weaker and prone to influence and damage. In a doctor-patient relationship, the first deduction that presents itself is the patient as the vulnerable party in the relationship; Although there is a place in this note, since, in most cases, this is the most recurrent scenario, it is necessary to visualize the hidden backstage on stage: the doctor in the figure of vulnerable after a mistake, based on circumstances beyond his control. This point will flourish within the process, with the active participation of the Public Defender's Office, as Custos Vulnerabilis, if it is not a defense per se, demonstrating that, regardless of being requested to represent the passive pole, its presence as a verifier of the guarantees that weigh the vulnerability will be due, concomitantly.
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Copyright (c) 2024 Elizabeth Barros da Silva, Valter Luciano Gonçalves Villar, Aline Barros Silva Weil

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.