São Paulo medical malpractice judicial rulings

Overview

The Court of Justice of São Paulo (TJ-SP) has issued several rulings holding government entities liable for medical malpractice and failures in the public health system.

In one instance, the 13th Public Law Chamber upheld a requirement for the Municipality of São Paulo to pay R$ 20,000 in moral damages to a patient. The court found that a surgical procedure to remove a breast nodule was performed without sufficient complementary exams to confirm malignancy, when the nodule was actually fatty tissue. The presiding judge, Spoladore Dominguez, noted a failure to provide adequate care or less invasive alternatives.

In a separate case, the 5th Chamber of Public Law ordered the State of São Paulo to pay R$ 108,200 in moral and aesthetic damages to a woman who lost her eye following a cataract surgery infection. Judge Eduardo Prataviera highlighted deficiencies in medical documentation, specifically the lack of a surgical report, and mandated that the State provide a prosthesis implantation procedure.

Entities

Tribunal de Justiça de São Paulo · Tribunal Superior do Trabalho · Lara El Andere · State of São Paulo · Petrobras

Timeline

1 day ago

[HEALTH] 2 sources
São Paulo court orders state to pay damages after cataract surgery complication
The São Paulo Court of Justice ordered the State to pay R$ 108,200 to a woman who lost her eye due to an infection following cataract surgery.
3 days ago

[POLITICS] 7 sources
São Paulo Court upholds indemnity for unnecessary breast surgery
The São Paulo Court of Justice upheld a R$ 20,000 indemnity against the Municipality of São Paulo after a patient underwent unnecessary surgery for a nodule that was actually fatty tissue.

Sources

brasil247.com · conjur.com.br · juristas.com.br · nahoradanoticia.com.br · oestadoonline.com.br · pontaporainforma.com.br · portalrbn.com.br · viagemegastronomia.com.br · vtvnews.com.br