标题: Hospital and laboratory will pay R$100,000 to patient for error in diagnosis [打印本页] 作者: messi23 时间: 2024-3-12 13:39 标题: Hospital and laboratory will pay R$100,000 to patient for error in diagnosis
Hospital and laboratory are objectively responsible for errors in diagnosis but the doctor who operates based on these reports is not. Based on this understanding the rd Panel of the Superior Court of Justice ordered a university hospital and a laboratory to pay R$ in moral damages to a patient who underwent surgery to remove her right breast after being wrongly diagnosed with breast cancer. In addition the entities must bear the costs of implanting the prosthesis and its subsequent replacements. The absence of malignancy of the tumor was confirmed only after surgery. According to the records the situation was extremely complex and difficult to analyze.
It was also mentioned that the surgery was performed Germany Phone Number without new exams or controls. According to the case's rapporteur Minister Marco Aurélio Bellizze the defect in the provision of the service was characterized as the laboratory presented an incorrect diagnosis resulting in material and moral damage. Thus there was a violation of article III and article of the Consumer Protection Code. According to the minister the STJ understands that when providing medical examination services laboratories have an obligation to provide results which implies objective liability in the event of an incorrect diagnosis.
Furthermore the rapporteur explained that the laboratory should have warned the patient about the possibility of an error in the result. If there was complexity in the exact diagnosis of the disease due to the possibility of variation in results it would be beneficial for the laboratory in order to provide a defect-free service to inform the patient of this fact or even without major medical explanations regarding the probability of an erroneous result would suggest the need to carry out new or other complementary tests to confirm the diagnosis stated the rapporteur. In his vote Bellizze also considered the costs of treatment and the patient's emotional state after the diagnostic error.
