This is an issue that often arises in the course of professional practice and the importance and the great confusion that sometimes occurs in the exposed area briefly in this work. Throughout the practice, and in view of the applicable rules, I have come to ask me many times but … there are really cases of medical negligence? The question arises when we normally resort to professional proceedings to claim for injuries and damage in the delivery of health care services, a process that in the vast majority of cases end with the doctor’s acquittal because there is no negligence, and therefore is not got no compensation to repair the damage. So, to get at least that compensation should be initiated, with a great loss of time, a civil process, given the usual practice, has become a basis in the doctor’s negligence. To complicate matters further, and contrary to what happens in the professional route, which is charged provided the only doctor in this civil action is always demand for all parties involved, insurance company, if any, clinic that performed the procedure and doctor, in addition to their insurance if any, to (allegedly) , to air in a single process and ensure the whole question, in the case under consideration, for the second time, that there is negligence of the doctor, obtaining the desired compensation. And speaking of civil because it always occurs, but in view of how to develop administrative claims in an administrative area also happens something similar. In the latter case, administrative litigation, at least no one denies that the administration is directly responsible and objective in all public services, including of course the public health.