# São Paulo medical malpractice judicial rulings

> Live situation record from CLSTR: https://clstr.news/situations/so-paulo-medical-malpractice-judicial-rulings
> Updated: 2026-09-23T21:45:18.000Z. Sources: 9. Developments: 2.

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.

## Timeline

### 2026-09-23: 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.

2 sources. https://clstr.news/cluster/so-paulo-court-orders-state-to-pay-damages-after-cataract-surgery-complication

### 2026-09-21: 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.

7 sources. https://clstr.news/cluster/so-paulo-court-upholds-indemnity-for-unnecessary-breast-surgery

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Cite as: São Paulo medical malpractice judicial rulings. CLSTR, https://clstr.news/situations/so-paulo-medical-malpractice-judicial-rulings
