Plan and doctors are convicted of ‘taking virginity’ from a woman under examination

He mentions that the main “main responsible” is the doctor who attended her at the Plan hospital by prescribing an invasive and unnecessary gynecological examination for the author’s situation. “
The doctor, knowing the condition of the author, did not respect the fragility of the situation, did not provide the necessary information about the examination and also discredited the author’s word with a disrespectful comment, which demonstrates a total lack of sensitivity and negligence with the patient’s suffering. It is important to highlight that the doctor’s responsibility is not limited to technical error, but also to moral error.
Sentence
Regarding the indication and performing an examination considered inappropriate for someone virgin, the judge understood that consent is a “fundamental right of the patient.” “The violation of this right, as in the case on screen, causes damages directly attributable to the professional responsible for the exam,” he says.
“Even if the doctor has acted within the context of his function in the clinic, responsibility for the damage caused to the author cannot be dissociated from her act, being equally responsible for moral damages caused,” he says.
In this case, the operator did not take the necessary steps to prevent the plaintiff from being subjected to unnecessary and invasive examination. The health plan, by not preventing the doctor from prescribing such a procedure and not ensuring that the ultrasound clinic followed ethical and legal rules, contributed directly to the violation of the author’s rights.
Sentence
About the accredited clinic to which the patient was referred, says she “did not pay attention to the medical history and condition of the patient, failing to fulfill her obligation to ensure the integrity of the author.” “The lack of clear communication with the patient about the procedure configures a failure to provide the service” in the sentence.