Processos civis em casos de resultado falso-positivo para diagnóstico de HIV: análise dos acórdãos do TJGO
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2015
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Resumo
Aim: The aim of the study was to analyze collective decisions
published by the Goiás Court of Justice (TJGO) of lawsuits brought
against service providers who issued false positive result on HIV
test. Materials and methods: The search was proceeded into TJGO
database, seeking civil appellate judgments whose entire contents
contemplate the scope of the study (eleven judgments were found).
Results: It was noted that false-positive results resulted from screening
tests for HIV (100%). Patients were not informed about the
possibility of false-positive (54.5%), generating the judicial action.
The moral damage has been requested in all actions, being upheld
at 54.5% in 1st instance and 72.7% in the 2nd instance, with average
damning value of R$ 25,000,00. The civil liability was considered
objective in 75% of the actions that resulted in conviction in 2nd
instance. Conclusion: It was concluded that the moral and material
damages arising from erroneous diagnosis of HIV have been
legally required and present a trend towards conviction at first instance
and maintenance of this trial in the 2nd instance.
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Palavras-chave
Infecções por HIV, Direitos civis, Soropositividade para HIV, Legislação e jurisprudência, HIV infections, Civil rights, HIV seropositivity, Legislation and jurisprudence
Citação
MUNDIM, Mayara B. V et al. Processos civis em casos de resultado falso-positivo para diagnóstico de HIV: análise dos acórdãos do TJGO. Robrac: revista odontologica do Brasil Central, Goiânia, v. 24, n. 68, p. 26-30, 2015.