Medical Error in Psychiatry - Brazilian Analysis and Proposal For A Doctor's Protection Protocol

Abstract

There is an increase in the number of medical malpractice cases all over the world and the detachment of the role of the judiciary and the real practice of medical activity is striking, converging to a weakness of the doctor in the face of a system that does not advocate the equalization of plaintiff and defendant in the process, bringing procedural difficulties to the doctor due to the legislation, especially the Brazilian. In a transdisciplinary way, permeating the law and medicine, the article mapped the operation of the Brazilian judiciary in the face of medical error and, specifically, measured how the state power understands cases about psychiatry, a specialty that is difficult to prove medical error. It was analyzed statistically how Brazilian courts behave, creating a procedural diagnosis of justice. This research offers a protection protocol to the psychiatrist inspired by the General Data Protection Law, which in turn comes from the European General Data Protection Regulation and the California Consumer Privacy Act of 2018 to address the procedural vulnerability of the doctor in medical error processes respecting patient privacy and intimacy, applicable and adaptable to countries and continents that have legislation for specific data protection. The article concludes by critically analyzing the format of processing and judgment of medical malpractice cases in Brazil, proposing a multidisciplinary configuration in search of real justice.