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This paper has as main purpose the research and the study of the jurisprudential position of the States of Paraná, Santa Catarina and Rio Grande do Sul, regarding the civil responsibility and the duty to indemnify due to error of medical diagnosis. The study arose from the need to better understand this aspect of Law that has grown in recent years, and increasingly provoked the Judiciary with numerous demands. In order to do so, it was sought to compile some theoretical concepts of civil liability in the country's legal order, initially from a broad perspective, then for focusing in the medical civil liability in a specific way. The compendium of basic information on the conception of medical activity and the definition of diagnostic error was also intended. With this, the objective was to delimit, but not to exhaust, the hypotheses in which the medical professional can be civilly responsible for error of diagnosis, considering medical and biological factors, as well as the legal elements available and applicable. Methodologically, in addition to the theoretical research, an electronic search was also carried out in the official websites of the abovementioned courts, in search of trials that dealt with a medical diagnosis error, in the period proposed, from May, 1ft of 2016 to May 5th of 2017. The subsequent analysis of the found data, indicated, among others, the difficulty that some magistrates face when they need to judge these processes, mainly due to the technical restrictions that surround the matter, as well as the importance of adequately defining the error of medical diagnosis. [ABSTRACT FROM AUTHOR]