The need of guilt for the configuration of the medical civil liability

This article aims to analyze the configuration of medical error and the possibility of its civil liability, even if there is no proof of guilt. In order to achieve this objective, it was necessary to study Medical Law in Brazil, the concept of medical error and its configuration hypotheses, the importance of diagnosing medical errors, as well as accountability for medical errors. Furthermore, a brief case study was carried out involving medical error and what were its legal implications. Based on the analyzes carried out, it can be seen that proof of guilt is necessary so that there is accountability as a result of the medical error. The methodological approach adopted was bibliographic, jurisprudential and documental research.