Civil lawsuits against physicians: an integrative review of the literature

Authors

Abstract

This study explored civil lawsuits against physicians in Brazil via an integrative review to identify the main
causes, outcomes, and trends in these disputes. Fourteen publications were analyzed in databases such
as SciELO, Google Scholar, and the Virtual Health Library, selected after searching for the terms “medical
error” and “physician civil liability.” Only studies directly related to the topic were included. The analysis
revealed that negligence, communication failures, and the absence of informed consent are the main
causes of conviction. Obstetrics and general surgery stood out as the specialties of highest risk. Adequate
medical documentation and continuous training were identified as essential measures to avoid litigation.
The increase in lawsuits reinforces the need for preventive strategies, such as humanizing care and using
informed consent forms, to reduce conflicts, improve medical practice, and ensure greater legal certainty.

Keywords:

Medical errors. Damage liability. Health judicialization.

Author Biographies

André Luiz Ramos dos Santos Gontijo Peixoto, Universidade Federal de Goiás, Goiânia/GO, Brasil.

André Luiz Ramos dos Santos Gontijo Peixoto - andrecivil2100@gmail.com

ORCID https://orcid.org/0009-0005-3860-8446

Waldemar Naves do Amaral, Universidade Federal de Goiás, Goiânia/GO, Brasil.

Waldemar Amaral – Doutor – waldemar@sbus.org.br
Orcid: https://orcid.org/0000-0002-0824-1138

How to Cite

1.
Ramos dos Santos Gontijo Peixoto AL, Naves do Amaral W. Civil lawsuits against physicians: an integrative review of the literature. Rev. Bioét. [Internet]. 2026 Jul. 15 [cited 2026 Jul. 17];34. Available from: https://revistabioetica.cfm.org.br/revista_bioetica/article/view/3933