Custas e fatores do desfecho de processos judiciais em cirurgia plástica no Rio Grande do Sul

• Ano de defesa: 2011
• Autor(a) principal: Silva, Dione Batista Vila-Nova da [UNIFESP]
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• dARK ID: ark:/48912/001300002hfvw
• Idioma: por
• Instituição de defesa: Universidade Federal de São Paulo (UNIFESP)
• Palavras-chave em Português: Cirurgia Plástica; Custos e Análise de Custo; Erros Médicos; Processo Legal; Direito Civil; Cirurgia Plástica/legislação & jurisprudência; Erros Médicos/legislação & jurisprudência
• Link de acesso: http://repositorio.unifesp.br/handle/11600/9288

Introduction: The number of lawsuits against physicians grows globally, especially against plastic Surgeons. Legal costs are compulsory process, the financial burden generated is measured indirectly by this value. The outcome of the process is given by the physician is found conviction or acquittal. We do not find the knowledge of judicial costs calculation in Plastic Surgery in literature. Objective: Quantify the costs of the demands patient versus physician and analyze sentence’s related factors. Methods: The web site of the Court of Justice from Rio Grande do Sul was accessed and full certificate data was extracted from lawsuits against plastic Surgeons from the year 2000 to 2008. All the expenses with judicial costs are: lawyers, a percentage of the value of the case (1%), estimated legal cost with judicial officer’s involved, judicial notice, documents, expert’s report and appeal. Characteristics of 39 cases were studied, and the statistic level of significance (p) adopted was 0.05. Results: The costs rose from R{dollar}8,927.80 (one lawsuit in 2000) to R{dollar}65,834.60 (eight lawsuits in 2008), p=0.03; the average cost was constant: R{dollar}4,917.50 e R{dollar}12,779.40, (p=0.97). The factors considered by the judge for the sentence (and it is frequency) were: bad medical report (22 cases), informed consent document omission (17 cases) and 18 favorable expert’s report to patients. The physicians were considered guilt in 22 cases. Conclusion: The legal costs increased. The costs have had a constant average value ranging from R{dollar}4,917.50 e R{dollar}12,779.40. The factors influencing the outcomes were: aesthetic surgery, bad medical report, informed consent document omitted and negative expert’s report.