A parametrização do dano moral nas ações que envolvem erro médico: uma análise das decisões judiciais proferidas pelo Tribunal de Justiça do Maranhão

Abstract

Seeking to understand the reason for the variations to establish moral injury in lawsuit of justice court of Maranhão involving medical error between years 2010 and 2020, this research was dedicated to knowing which guidelines and or parameters used in the judgments determined by the referred court, with the purpose of analyzing the disparities or uniformities of judicial pronouncements. This is because moral injury depends on the subjectivity of the judge, which, sometimes, results in decisions that do not match the reality presented in the case file of a claim that raises the offender's civil liability. An analysis was made about appellate appeals ruled by the court of Justice of the Maranhão that reevaluated the indemnity for moral injury in lawsuits on medical error granted by courts of the 1st degree. Regarding the methodological approach, the research is exploratory, and the technique used was bibliographic survey consulted through legal doctrines and jurisprudence. The research is divided into three chapters, respectively, it describes civil liability and its way of demonstrate, as well as its implications for the establishment of moral injury, analyzes the civil liability of doctors and their peculiarities and, lastly, describes the limitations for the repair of moral injuries collected with analysis of the judgments pronounced by the TJMA, that was noted the use of some parameters commonly used by civic chambers