Responsabilidade civil dos médicos e dos planos de saúde pelo uso de “tratamentos experimentais” contra covid 19 não informados aos pacientes: o caso prevent senior.

Abstract

The scope of this monograph is to discuss the civil liability of physicians and health plans, focusing on experimental treatments with the "Kit Covid" performed on patients assisted by the Prevent Senior Health Operator. The research starts with a brief history of the institute, its characterization, foundations, elements, theories, its social function and its presence in Brazilian Constitutional and Civil Law. Then, it will specifically address the liability of physicians and health plans, investigating guilt and its modalities of accountability, analyzing the legal nature of the obligations of means and results, the relationship of "doctor and patient", and also the Unified Health System - SUS and supplementary health, medical error and consumer rights. Finally, it will be presented the characterization of the Senior Prevent Case that generated international repercussions. Explaining the civil liability of physicians in experimental treatments against COVID -19, it will be pointed out the irregularities that were taken to the COVID Parliamentary Inquiry Commission 19 and the analysis of the first jurisprudence