Liability of public servant doctor

In the judgment of Extraordinary Appeal No. 1,027,633, the Federal Supreme Court expressed an important understanding of the civil liability of physicians who act as public agents. Indeed, the Supreme Court took the position that the “action for damages caused by a public agent must be filed against the State or a legal entity governed by private law providing a public service, the author of the act being an illegitimate party to the action, ensuring the right of recourse against the person responsible in cases of fraud or negligence." An understanding was established according to which the legislation contemplates a double guarantee, which protects not only the position of the victim of the administrative offense, but also the "of the holder of a public function, for which he (a public agent) is liable for the acts performed in the exercise of a public function only against the State itself, on a regressive basis and on a subjective basis“. Thus, the aim is to “safeguard the citizen.” In the statements contained in the decision, the correct interpretation of the Law finds support in the idea of social justice, since “the rope must not break on the weaker side.” Thus, in summary , in the event that a public agent – or a private individual delegated to exercise a public service – causes damage to third parties, the State will be responsible for repairing the damage, having the right of recourse (i.e., to promote an autonomous action) in face of the agent causing the damage, if he acted with guilt or malice. CBR Legal Advice