Civil - Comercial
Páginas | 37-38 |
Page 37
Ação de indenização. Hospital.Responsabilidade objetiva. Médico.Responsabilidade subjetiva. Prontuário. Exames préoperatórios.Anestesia. Inversão do ônus da prova. Alergia. Reação alérgica. Exibição de documentos. A responsabilidade do médico é subjetiva e de meio, ou seja, o mesmo deve empregar todos os esforços para atender o paciente, sob pena de ser responsabilizado por culpa ou dolo. A responsabilidade do hospital, por outro lado, é objetiva, sendo necessário apenas a prova do defeito na prestação do serviço. (TJ/MG - Ap. Cível n. 2.0000.00.495449-2/000 - Comarca de Coronel Fabriciano - 15a. Câm. Cív. - Ac. unân. - Rel: Des. Unias Silva - j. em 23.03.2006 - Fonte: DJ/MG, 11.05.2006).
Indenização por dano moral. Cabimento. Decisão mantida. Empresa que faz parte do mesmo conglomerado econômico de outra, é legítima para figurar como parte, aplicando-se a Teoria da Aparência, que tem como objetivo a preservação da boa-fé nas relações negociais, afastando a interpretação de que o contrato foi firmado com terceiros. O título que garante o adimplemento contratual não pode ser levado a protesto quando o promitente comprador cumpre com suas obrigações. A partir do momento em que é levado a efeito o protesto de débito...
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