Medical Law Attorney in Brazil: Defense of Physicians, Dentists and Clinics

Private care is, as a rule, a consumer relationship under Brazilian law. That changes the weight of documentation: the medical record, the informed consent form and the record of the guidance given stop being paperwork and become the main evidence in any inquiry. At the same time, the Brazilian Consumer Defense Code reserves a specific treatment for the liberal professional, whose personal liability is established upon verification of fault (art. 14, § 4).

When a failure in surgery or treatment is alleged, the physician, the clinic, the hospital and the health plan may be sued together in the same case. The defense must consider what each party alleges and what the medical record actually shows.

In addition, the same fact may give rise to more than one proceeding: a complaint to the Regional Council of Medicine or Dentistry, a civil lawsuit and a criminal investigation. These are independent spheres, and the strategy must be designed for all of them together.

The two names are used as if they were synonyms, but they describe opposite sides. Medical Law protects those who practice: the physician, the dentist, the clinic and the hospital, in matters such as the regional councils (CRM and CRO), inquiries, ethics proceedings, the professional’s civil liability, medical advertising and technical responsibility. Health Law protects those who use the system, such as the patient or the health plan beneficiary. Dr. Alessandro and his specialized technical team work only on the first. This choice of focus allows a deep knowledge of the procedures of the professional councils, of expert evidence and of the routine of a clinic, which is rarely possible in a firm that serves both sides.

1. A notice or inquiry before the medical or dental council. The initial phase usually decides whether an ethics proceeding will follow.
2. An ethics proceeding. Preliminary defense, evidence, judgment and appeals.
3. A lawsuit over alleged malpractice. Answer to the complaint, expert examination and technical assistant.
4. A police investigation or criminal case arising from patient care.
5. Clinic contracts. Articles of association, shareholder agreements, service agreements.
6. Relations with health plans. Fee disallowances, delisting and late payments. These are contractual disputes between provider and plan.
7. Medical records, confidentiality and data. Retention, access, sharing and compliance with the Brazilian General Data Protection Law (LGPD).
8. Advertising and social media of the professional and the clinic, especially when the council has already sent a notice.

Most of what is discussed in a lawsuit could have been organized beforehand. The team’s preventive work includes:

1. review of the medical record template and of the recording routine;
2. drafting or adapting consent forms specific to each procedure;
3. contracts with health plans, partners and providers;
4. a policy for document retention and disposal;
5. guidance for the reception and nursing teams;
6. an internal flow for receiving notices and summonses, so that no deadline is missed.

1. Initial analysis. A full reading of the notice, summons or subpoena, a check of the deadlines and a survey of the documents.
2. Technical reconstruction of the case. Chronology, medical record, exams and, when necessary, the support of a technical assistant in the specialty.
3. First response. A preliminary statement, preliminary defense or answer, depending on the forum.
4. Evidence. Proof, expert examination, hearing of witnesses.
5. Follow-up until the decision and, if necessary, the appeals.

Knowledge of the Code of Medical Ethics, of the resolutions of the medical and dental councils and of the procedure of each type of case is what allows an inquiry, an ethics proceeding and a lawsuit to be handled with the technique each one requires.

1. Physicians in private practice, in hospitals or on call.
2. Dentists.
3. Clinics, medical offices and diagnostic centers.
4. Hospitals and health institutions.
5. Partners and managers of companies in the health sector.

How do I book a consultation? Contact us by WhatsApp or through the contact page to book.

Which cities does the firm serve? The firm is based in Campinas, SP, Brazil, and serves clients across the country.

Can I have the consultation online? Yes. The consultation can be held by videoconference.

Does the firm represent patients against physicians? No. Dr. Alessandro and his specialized technical team work only in the defense of those who practice a health profession.

When is the right moment to look for an attorney? Before the first formal response. The initial phase of any proceeding is usually the one that most influences the outcome, so guidance should come before answering the council or the court.

Get in touch by phone or WhatsApp to book a consultation.

Campinas, SP, Brazil alessandro@caldonazo.com +55 19 97104-4779 Unique Village Offices, Av. João Scarparo Netto, 84, Room F13, Jardim Santa Genebra, Campinas, SP, ZIP 13080-655

1. Consumer Defense Code, Law No. 8,078/1990, art. 14 (Portuguese)
2. Code of Medical Ethics, CFM Resolution No. 2,217/2018 (Portuguese)
3. Code of Ethical-Professional Procedure, CFM Resolution No. 2,306/2022 (Portuguese)