Business Law
Medicine in Modern Society Autor: Carlos Luiz Zaganelli Filho
Certainly, the past 50 years, one of the greatest contributions legal in this country is the enactment of Law 8078 of September 11, 1990 (The Code and Consumer Protection - CPDC) which enabled the feasibility of a consensus between the limits of it would be fair and vulnerable in the law field. This diploma out with demure medical attention on the relationship between the consumer and the professional in this field, always taking care not to address the health issue as a commercial activity, even by the importance that the code is as balance of moderation and discipline Relationship between the consumer and the service provider.
For sure we're not at the time the physician exercised, almost solitary and spiritual activity with whom personally knew. Today it is a small executive that is governed by rules and guidelines laid down by a bureaucratic elite that knows everything and explains everything. Medicine-art dying at the hands of the Medical-Technical teaches as Professor Genival Veloso de France in his books. The medical scholarship is being replaced by a solid instrumental structure. We can not omit the fact that modern medicine have taken different paths in the past.
The company, in turn, did not remain indifferent to the changes. The capitalist-industrial, utilitarian and pragmatic, based on parameters of production and consumption integrates masses being-individual, basing their relationships through contracts. Become hungry minds with vertiginous successes, in which man begins to be depersonalized and devalued as a simple thing, blankly, placed inside this deluded reality that he created and can no longer control. This thought has instituted a form of medicine, in which man became ill in a great community alienated.
There are certain professions, and medicine is one which, by its nature and circumstances, are able to generate harm to others. The physician, who is less experienced by the patient and more naive this may seem, the duty to provide notice of the risk generated in an attempt to save a life or restore their health. Even the most shy and discreet medical act is subject to risk, even knowing of its obligations. This is the price that has been paying patients the most spectacular advances that technology has lent to medicine and so has been the price paid by all communities benefited by modern civilization.
Man tries to take pleasure in the same proportion that avoids pain. To achieve this search medical help. At this point is formed physician-patient relationship, which is seeking the restoration of a normal state of health, by the action of an effort by the professional contractor. In case of an express declaration of a particular outcome, it will provide it to the doctor to the patient and may be civilly and criminally liable.
It never hurts to mention that for society, beyond medical malpractice, there are other underlying causes an adverse outcome in one treatment, as the lack of intrinsic clauses to contracts, poor working conditions and shortages of essential resources in the treatment of people the point in the near future the Doctor, when faced with a patient with flu, first listen to your lawyer only after the query completes.
Interestingly, patients are not only dying at the hands of doctors, but the ranks of the hospitals without beds, en route to the clinics without drugs, in the environments where they live miserable inequity and the lives they lead. Seeing this unfortunate scenario work is easy to understand what is happening in the practice of medicine, where they multiply the damage and victims, and where it is convenient to blame the doctors.
