A RESPONSABILIDADE SUBJETIVA DO MÉDICO NA PRESCRIÇÃO DE MEDICAMENTOS SEM COMPROVAÇÃO CIENTÍFICA

Abstract

This paper addresses the topic of “The subjective civil liability of physicians in prescribing drugs without scientific evidence.” Before holding a physician civilly liable, it is necessary to analyze their conduct, whether there was intent or negligence, and whether there is a causal link between the physician’s conduct and the damage, as well as whether drugs that were not registered with ANVISA were used to save the victim’s life. The general objective of the research is to analyze the civil liability of physicians in today's society when prescribing drugs without scientific evidence. The specific objectives are: to present medical civil liability in the light of the law and its implications; to analyze the different positions of experts in the cases presented; to point out the aspects of medical civil liability and its current ramifications. The research is qualitative in nature, using a deductive method and a technical bibliographic and documentary procedure. To this end, an increase in discrepancies was then observed between the prescription of unproven drugs, lacking support from the scientific community, and the urgency that these professionals establish regarding their efficacy in situations demanding urgent responses, even without scientific backing.