PHYSICIAN’S CIVIL LIABILITY IN PUBLIC HEALTH PRACTICE

The objective of the present work is to analyze civil liability doctor as a public agent or exercising function in private law companies that provide services. Detailing detailed way requirements for configuration liability: conduct, damage and causal link, well hypotheses exclusion liability, their nature, species medical errors, especially acts performed health. Analyzing possibilities solidary legitimacy State causative under obstacle procedural economy institute denunciation dispute. In this way, jurisprudential research was method used evidence kind consequences liability. Being demonstrated, applicability Theme 940 Federal Supreme Court, remove causing claim against State, ensuring right return, analysis intent fault. It noted evidenced filing actions with qualification defendant considered illegitimate, since objectively responds its agents. Thus, it concluded provision services health, removes passive pole indemnity action; regressive action being applicable them, after any eventual desire by State.