A relevância do ônus probatório na classificação da responsabilidade civil do médico: A dispensabilidade da distinção clássica entre obrigação de meio e obrigação de resultado

Abstract

This article proposes to analyze the civil responsibility of the physician as a liberal professional, as well as the importance of the duty of information in the physician-patient relationship, and to promote a detailed study on the role of the burden of proof. It is a review article, based on extensive bibliographical research, with the search and analysis of scientific articles, books and specialized magazines, predominantly national, focused on the subject of medical civil liability and, also, within the scope of the Code of Defense of the Consumer. From the study, we intend to reflect on the distinction between the medical obligation between means and result, and to analyze, in practice, its relevance.