Medical liability in sex reassignment surgery according to Brazilian legislation

Resumo

This study investigates medical liability in sex reassignment surgery in light of Brazilian legislation.
Normative diplomas were examined to understand the duties of physicians. Court decisions were
analyzed to identify cases of medical errors in these surgeries and the understanding of courts. Damage liability is understood by the establishment of a contract between physician and patient. Upon being contracted by the patient, the surgeon must act according to the ethics and rules of the profession. The author, act, culpability, harm and causal nexus should be taken into account when considering medical liability. The analysis of court decisions found four cases in which physicians were considered guilty of medical errors. Although patients dissatisfied with results of sex reassignment surgery should seek their rights, liability requires the surgeon to act with imprudence, negligence or malpractice.