Medical liability is nowadays characterized by the wrongful conduct of the physician, the causal link between this and the damage suffered by the victim. Having founded on the medical paternalism, many terminally ill patients suffer the consequences of medical futility, which entails in a painful and inhumane death. Based on these assumptions, the article aims to consider the liability of the physician in the practice of futility. To achieve this goal, and with a literature research of relevant material to the issue performed,, a hypothetical clinical case was elaborated to better guide the discussion. It was concluded that there is liability for the practice of medical futility, since it is through this that are established damage to the terminal patient, which alone will subtract the right to a dignified and human death.
Damage liability - physicians; Terminally ill; Death