Context: Burnout syndrome is the response to chronic stress arising from the work situation. It is noted that physicians are susceptible to develop burnout syndrome, since they are daily exposed to intense emotions, extensive workloads and stressful situations, which lead to a loss in the quality of medical care and legal consequences, potentiated by the COVID-19 pandemic. Objective: To describe the consequences and legal implications of Burnout Syndrome's impact in physicians' health, aggravated by the global pandemic. Methods: A literature review was performed to assess Burnout syndrome incidence in physicians during the pandemic. The selection of the articles was made through research at SciELO and PubMed databases from March 12, 2021 to April 7, 2021. Other references were also included to detail the legal aspects involved in the consequences of Burnout Syndrome. Discussion: The Burnout Syndrome consists of three dimensions: emotional exhaustion, depersonalization and low personal fulfillment at work. These dimensions culminate in a greater chance of errors caused by physicians affected by Burnout Syndrome, since it has consequences on the professional and social environment, generating unfavorable legal impacts for these professionals, in the scope of civil and criminal law. Conclusion: It is necessary to expand the overall discussion, so that the doctor who might suffer the consequences of a criminal or civil case, can present as a means of defense, if it is proven, the involvement of his mental state by the burnout syndrome. Furthermore, purposeful measures should be implemented, such as psychological support, training of health managers and greater participation of the state, in order to allow an early diagnosis of burnout syndrome.
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