Mitigação dos conflitos decorrentes da prestação de serviços médicos por meio da adoção de medidas jurídicas preventivas

Abstract

This undergraduate thesis addresses the mitigation of conflicts arising from the provision of medical services through the adoption of preventive legal measures. In view of the growing phenomenon of overjudicialization in medicine in Brazil, the research analyzes how Preventive Medical Law can act as a tool to balance patient rights protection and legal security for medical professionals. The study employs the deductive method, based on bibliographical and documentary research, using national doctrine, legislation, Federal Medical Council regulations, and judicial decisions. The findings reveal that the lack of preventive practices and poor communication between doctors and patients are key factors leading to increased litigation. The research highlights that instruments such as the Informed Consent Form (ICF), the medical record, and clear and empathetic communication are crucial to reducing legal risks and strengthening trust in the doctor-patient relationship. It concludes that Preventive Medical Law represents a paradigm shift by promoting proactive and ethical conduct, capable of anticipating conflicts, improving healthcare quality, and consolidating a safer and legally protected medical practice.