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publicado em 20/06/2012 às 11h28:00
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The medical error excusable

 
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Foto: Arquivo Pessoal
Ezio Ojeda, doctor and lawyer - Cuiabá (MT).
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Ezio Ojeda, doctor and lawyer - Cuiabá (MT).

It blocked a lot of respect and admiration for the doctor until recently. Reflected the image of a demigod. As holder of absolute truth and trust of society, indicated the treatment is not always just physical. Morality, ethics, philosophy and spiritual guidance to compose the list of apanágios this icon wisdom, here in Brazil and worldwide. This worker of science and art enjoyed this honor for millennia since Hippocrates (460-370 BC) until about the 1970s.

Responding to political and cultural change in which we, have reshaped themselves beacons of social values. We see today's situation quite different from that Hippocratic medicine. At this time, we had doctors who were well-matched to the priests and magistrates, enjoying full support of public opinion. Their diagnoses and therapies propaedeutic carried fidelity and full compliance of patients. The medicine was unquestioned and unchallenged doctor. It was the era ...

Scope of numerous lawsuits, this variety has seen dramatically dissolve the status quo. Unprepared for the struggle in the courts and this is not his harvest, that lord of expertise essential to human health, is now embraced by the Code of Consumer Protection and Indemnity a real industry. The unrestricted right to justice enshrined in our Constitution (Article 5, XXXV) and break the doctor-patient relationship have given shelter to more than a few civil and criminal proceedings, mostly unsubsistent which have the greatest consequence the degradation of the profession once lionized. I understand that is not the best way.

In college, the student is trained to study medicine ... study ... study and study hard the disease and the patient. Countless nights poring over books in physiology, pharmacology, semiology, etc. ... nerds are the best students in white universities, but does not prepare them for real life post-diploma. I am unaware of any school that gives them some sense of the law for all six years of study. I think Medical Law should be a compulsory subject for these students. These future professionals, and save lives, surely will some day by a disappointment to see your CRM involved in a complaint. Misplaced or not, shirk their sleep. Who is most affected by this institutional demise? More than these immediate proletariats the Health System and Health Plans, without hesitation, assert: society.

Behind this scenario, there may be a clever strategy of destabilization of the class, which promotes professional devaluation with the appalling pay first, then with the proliferation of medical schools without proper technical qualifications required while chancelada by the Ministry of Education and, finally, the maculação image of the physician in the audience less clear, as materialistic, uncompromising and guilty of all the bad clinical outcomes, as if it had always the obligation of result and not the middle, found many precedents in the matter . Guilt, consisting of negligence, recklessness or malpractice must be demonstrated by the accuser. As if not enough pre-judgments, understandings began to emerge not only in the medical act of guilt, but also receiving complaints by malice, intent to injure or cause medical harm to the patient. In my view, an absurdity! How to conceive of this behavior, even as possible? Would be tantamount to accepting a father wanted to educate his son to grow up a criminal intellectual!

What is the objective or purpose of all this? Maybe it's just a natural evolution of mankind in getting rid of their old values ​​and reassess their philosophy, updating the story, which in itself would be a mistake. Perhaps worse. There is a perverse maneuver hand scrapping for cheaper labor in advanced decomposition. Does anyone remember this neoliberal ruse? Anyway, the consequences will be regrettable. On the floor of the truck, we need these experts in the square. It is a fact that pediatricians are not for hire. Obstetrics, Surgery and Orthopedics are the key fastened to malpractice suits. The majority rejected. Elsewhere, the picture does not present very different. Canada, England and Australia, with a shortage in this sector, eager to seek medical Brazilians are renowned for excellence in training and good work. Inconsistent, no? Oh, yeah! Holy house does not work miracles ...

I do not defend the cheaters or bad professional conduct, under any circumstances. In any job there are tares and wheat. You should try and punish the rigors of the law, if convicted by the sacred principles of the Comprehensive Defense and Contradictory. But ponder. We can not accept an Exception Court, where even before the investigation, to produce convictions final. Imagine a world without the assistance of these true guardian angels. Hospitals and health units without soldiers always ready to provide assistance to people in need? In the paper is not a fellow but a survivor of a fatal accident, now moved, testify to the importance of the steady hands of the surgeon who attended me when I was only 5 years old. Victim of a head injury, I was taken to St. Helena Hospital, where he received proper care and escaped death thanks to God who provided me with a good doctor.

Strikes, complaints and begin to face routine chores for the category. Treat the patient began to set up high-risk task. I admire when I see parents taking pride in stating that the child wants to be a doctor. Fortunately, that feeling of altruism survives. However, this is not enough. Workplace Safety and respect are key. I think that every professional should have a decent salary to devote himself to medicine. Without worrying about debt or other jobs, skipping the call to duty. In this vector, Congress seems to study how to develop a career plan for the doctor (PEC 454/09). Something promising.

Today, we pay lots of money to the Health Insurance that pass a misery to doctors. What is the logic in that? Hiring the doctor himself would not be more resolute? The family doctors, with all his horse troteava takes up the address of the patient, could provide effective treatment and satisfaction in bed and all his. Today we do not look at Dr John Doe, but by that given in the list of our agreement. Find a clinic and wait in line, no way! Emergency room? Never!

What to do? Someone less geared suggest the abandonment of the profession. Another more sensible answer, no solution yet. Not with this myopic view of the state to promote the creation of new jobs in the Schools of Medicine, facilitate the entry of foreigners to work as clinicians in our country or transfer the obligation to provide health care to citizens, forbidding the collection of check-security the patient has the right to be well served in the public hospital. With the taxes we pay, we would receive VIP service, equal to or better than private services. Everything is just demagogic measures to delay the output of a dark tunnel we went through for years and that aggravated the universality proclaimed by the Organic Health Law (8080/90). Perfect in theory, practice of the bankrupt in crowded corridors of our hospitals. The professional when wrong, usually does trying to hit. Faithfully believes in curing the patient. Our Political System, silent and unresponsive, no. This intentionally promotes the illness of our already dying Public Health.

Ex positis, because it is the purest justice, come to the presence of you, dear reader, to ask for absolution from the illustrious doctor!

Source: CFM
   Palavras-chave:   Medical malpractice    Medical    Ezio Ojeda   
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Comments:
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jose silva
posted on:
26/06/2012 13:22:10
É por este tipo de matéria que o Isaúde tem tanto conceito e audiência. Parabéns, Dr Ojeda pelo excelente artigo!
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