São Paulo Court upholds indemnity for unnecessary breast surgery

The 13th Public Law Chamber of the São Paulo Court of Justice (TJ-SP) has upheld a ruling requiring the Municipality of São Paulo to pay R$ 20,000 in moral damages to a patient. The patient underwent surgery to remove a nodule from her right breast, which was later identified as fatty tissue rather than a tumor.

The court found that the patient sought care through the public health system following a routine mammogram. However, no complementary exams were performed to confirm if the nodule was malignant before the surgical procedure was carried out. The presiding judge, Spoladore Dominguez, ruled that there was a causal link between the medical failure and the harm suffered, noting that the municipal health professionals failed to provide adequate care or less invasive alternatives that could have avoided the surgery.