The judicialization of medical malpratice: the exposure of healthcare professionals in the context of an accessible judicial process

Abstract

The research aims to analyze the phenomenon of medical malpractice litigation in Brazil, specifically focusing on the vulnerability faced by healthcare professionals due to facilitated access to the Judiciary. The study is grounded on the premise that the expansion of the right to sue, guaranteed by the 1988 Constitution, while representing a democratic landmark, has generated significant side effects, such as the increase in litigiousness and the simplification or reduction of the concept of medical negligence. Therefore, this article seeks to understand how the culture of judicialization and external factors contribute to the growth of indemnification claims for alleged medical errors. Based on data from the Conselho Nacional de Justiça (CNJ), the study verified an exponential growth in lawsuits of this nature between 2020 and 2026, revealing the escalating legal and emotional insecurity that impacts the practice of medicine. The research employs the deductive approach and utilizes historical and comparative procedural methods, based on bibliographic and documentary research. It is concluded that the excessive litigation compromises the trust relationship between physician and patient, encourages defensive medicine, and exacerbates the public health crisis. This scenario demands the adoption of institutional measures, such as the specialization of courts and the strengthening of health mediation and conciliation chambers. Finally, the study highlights the necessity for a new paradigm that harmonizes the patient’s right to redress with the dignity and security of the medical professional, promoting a balanced and socially effective justice system.