A gynecology and obstetrics leads the list of medical specialties with the highest number of processes at the Regional Council of Medicine of the State of São Paulo (Cremesp). Secondly, the medical clinic and, thirdly, orthopedics. If the estimate is based on the coefficient of those prosecuted and convicted, the most cited professional is the plastic surgeon, followed by the neurosurgeon. Those involved are aged 49 and have approximately 19 years of experience in their professional careers. The investigation was carried out by Fernando dos Ramos Seugling, in his sixth year of Medicine, in scientific initiation work that included a grant from CNPq and the guidance of Professor Roberto Teixeira Mendes, from the Faculty of Medical Sciences.

Student almost clears
5 thousand cases from 1995 to 2003

The objective of the work was to establish the determining factors of the ethical-disciplinary processes and convictions deliberated by Cremesp. To do this, Seugling searched the agency's archives and analyzed data from 4.806 cases between 1995 and 2003. In this same period, 1.146 doctors were convicted. The study revealed that the vast majority of processes, 83,1%, involve male professionals; women make up a much smaller universe: 16,9%.

The biggest violations observed in the study refer to problems in the doctor-patient relationship, and the number of cases of the practice of medicine as a commerce draws attention, such as, for example, the links between ophthalmologists and optical stores and misleading advertisements by surgeons plastics. Another reason to sue is negligence. Regarding the leadership occupied by gynecology and obstetrics, justifications are presented such as the nature of the work – which involves risky and emergency situations such as births, surgeries and others – and the extensive working hours carried out by professionals.

The case of former pediatrician Eugenio Chipkevitch, convicted of pedophilia in 2002, was one of the most recent that resulted in penalties applied by Cremesp. Especially in this case, which made the pages of the press, the sentence to revoke the doctor's professional registration was decided within a relatively short period of time. However, cases can take up to three years to go to trial. After Cremesp receives the complaint originated by the doctors themselves or by patients and family members, an investigation begins and, if there is strong evidence, an ethical-disciplinary process is opened, with equal opportunities for defense and accusation. And then the confidential trial by the counselors and the sentence. There are five penalties: confidential warning, confidential censure, public censure, suspension and revocation of professional registration. The acquittal rate is high, representing around 50% of those prosecuted. In 2003 there were 84 thousand active doctors in the State of São Paulo.