Responsabilidade civil médica aplicada na reprodução humana assistida

Abstract

The aim of this work is to present juridical aspects of civil liability imposed to physicians and fertilization clinics with applicability on assisted human reproduction procedures. There is normative ruling in Brazilian juridical order about civil liability, even though not specifically assumed, in which both sides are regimented by Federal Council of Medicine. This work will develop some analyses about ‘’medical malpractice’’ effects in families and how it may cause emotional crises, once their relation is guided through reliability principles between patient and physician. Furthermore, this work is going to show that the fertilization clinics are part of these established deals and they are also responsible for the patient emotional damage that may be caused, since it is established on the contractual obligation. To understand medical and clinical responsibilities upon the mentioned deals, it is necessary first to investigate some topics: the assisted human reproduction, applied techniques and civil liability. Afterwards this work analyze the medical doctors and fertilization clinics liabilities, throughout a case where there is medical neglect during the procedure, resulting in embryo switch between families. Thereby, it is possible to show an impact like emotional harm engendering moral damage, bearing in mind the family have dreamed about a perfect family; the role of the woman placed as surrogate mother; beside the breach on their established relation contract, in which families are the most vulnerable part.