Medical error · SPD Advocacia
Suspect medical malpractice? Understand when the patient is entitled to compensation
Failures in surgery, childbirth, diagnosis, medication or care at a hospital, clinic or UPA. We serve patients and families from all over Brazil.
Straight answer
When must the doctor or hospital compensate the patient?
The doctor is liable when the harm results from negligence, recklessness or lack of skill, which is usually proven through a medical expert examination. The hospital and the clinic are liable for the services they provide, such as nursing, facilities, infections and equipment, without the need to prove the institution was at fault. Compensation may include treatment expenses, what the patient lost in earnings, a pension in case of lasting harm, and moral and aesthetic damages. In a public hospital, the lawsuit is filed against the government entity.
What the law says
When compensation is due
Negligence, recklessness or lack of skill by the professional.
Worsening, after-effects, injury or death.
The harm must result from the failure, which the expert examination assesses.
They are liable for the services they provide, without proof of fault.
Source: Civil Code, art. 951; Consumer Protection Code, art. 14 and § 4; Federal Constitution, art. 37, § 6.
What is your case?
Situations the firm handles
Error during or after surgery
Injuries, objects left inside and complications caused by error.
Civil Code, art. 951Harm to the mother or the baby
Lack of follow-up or delay in care.
Case reviewIllness not identified in time
A delayed diagnosis that worsened the condition.
Case reviewInfection, fall or staff error
The hospital is liable for the service provided.
CDC, art. 14SUS emergency unit, clinic or hospital
Lawsuit against the municipality, the state or the Federal Government.
Federal Constitution, art. 37, § 6Dental treatment
Failed implants, extractions and prostheses.
CDC, art. 14, § 4Step by step
How the firm works
- Case review. We check what happened, who is liable for the damage and the deadline to claim.
- Evidence. We guide you on reports, photos, police report, receipts and witnesses.
- Agreement or lawsuit. Notice proposing an agreement and, if there is no solution, a damages lawsuit.
- Follow-up. Expert review, hearings and collection of the amount set.
Case review
Let's review your case
Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
Is every bad outcome medical malpractice?
No. Medicine has risks. It must be shown that there was a failure in care and that it caused the harm.
How is the error proven?
With the medical records, tests and reports and, in the lawsuit, a medical expert examination.
Am I entitled to my medical records?
Yes. The patient or the family can request a copy from the hospital or clinic.
What is the deadline to apply?
At a private hospital or clinic, as a rule 5 years (CDC, art. 27). Against the government, 5 years (Decree 20,910/1932).
Do you serve clients from other states?
Yes. The firm is based in Anápolis-GO and serves clients from every state online.
How much does it cost?
After the analysis, the firm sends a written fee proposal before any engagement.