PHYSICIAN VULNERABILITY: THE PUBLIC DEFENDER'S OFFICE AS CUSTOS VULNERABILIS IN MEDICAL MALPRACTICE PROCEEDINGS

Authors

  • Elizabeth Barros da Silva
  • Valter Luciano Gonçalves Villar
  • Aline Barros Silva Weil

Keywords:

Vulnerabilidade, Médico, Legitimidade, Defensoria Pública, Custos Vulnerabilis

Abstract

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.

 

DOI:https://doi.org/10.56238/sevened2024.031-069

Published

2024-11-14

How to Cite

da Silva, E. B., Villar, V. L. G., & Weil, A. B. S. (2024). PHYSICIAN VULNERABILITY: THE PUBLIC DEFENDER’S OFFICE AS CUSTOS VULNERABILIS IN MEDICAL MALPRACTICE PROCEEDINGS. Seven Editora, 1154–1165. Retrieved from https://sevenpublicacoes.com.br/editora/article/view/6018