Erro Médico: Até Onde Vai a Culpa, Onde Começa o Crime?

Adnécia Fumo"

Medical Error: How Far Does Blame Go, Where Does Crime Begin? Adnécia Fumo A simple medical procedure, a split-second decision, a human error, and suddenly, the doctor finds himself in the dock. Instead of a scalpel, he faces a lawsuit. But to what extent should medical error be treated as a crime? And when does error cease to be a professional risk and become a legal liability? In Mozambique, holding doctors accountable has gained prominence, particularly in cases of hospital deaths and failed treatments. But the debate goes beyond the hospital: are we ready to distinguish between error and crime? Or are we turning every clinical complication into an accusation? To err is human, even for those who save lives. Doctors have an obligation to act with care, competence, and attention, but they cannot guarantee results. This is the so-called duty of means: they must do their best, but a cure is not guaranteed. A medical error can occur even when the professional follows protocols. Therefore, not every negative consequence for the patient means negligence. The case must be analyzed from a technical and legal perspective. Civil liability arises when a patient (or their family members) suffers harm caused by a medical error. This harm can be physical, moral, or material, and the professional may be required to pay compensation. The Mozambican Civil Code provides for compensation for damages resulting from a wrongful act. To do so, three elements must be proven: that there was improper conduct (negligence, recklessness, or incompetence); that the patient suffered harm; and that the harm was a direct consequence of that conduct. The line between civil wrong and crime is delicate. Mozambique's Penal Code provides punishments for those who cause death or injury through gross negligence. Thus, a doctor may be charged with involuntary manslaughter or negligent bodily harm if it is proven that he or she acted with intolerable carelessness. Cases such as operating on the wrong patient, administering contraindicated medications without consulting the patient's medical history, or abandoning a patient in a critical condition can result in criminal proceedings and even imprisonment. But be careful: punishing honest mistakes can lead to another serious problem: "fear of treatment." Doctors, afraid of being accused, may avoid high-risk procedures, further damaging the system. In Mozambique, one cannot discuss medical errors without addressing the precarious conditions of the healthcare system. Many hospitals operate without medicines, basic equipment, and with overworked staff. How can we demand perfection from a professional who works excessive shifts, without adequate tools, and in chaotic environments? When the system fails, the error is no longer just individual but also institutional. It is essential to distinguish between an error caused by an irresponsible act and one caused by a lack of minimum conditions. Holding people accountable is fair. Persecuting them is unfair. What society needs is balance. It's legitimate to hold doctors accountable for serious errors. But it's dangerous to turn any complication into a criminal proceeding. Medicine isn't mathematics. Not every treatment works. And not every error is a crime. The law must protect the patient—but also guarantee the professional the right to a defense, the presumption of innocence, and safe working conditions. To err is human—to punish without discernment is inhumane. Doctors are not gods. They make mistakes too. And when they truly do, they should be held accountable. But it's important to separate technical error from crime, accident from recklessness, and failure from negligence. Justice should heal, not further wound. To do so, we must judge with wisdom, not anger.

2025/12/3