La responsabilidad civil médica: un importante cambio para la jurisprudencia del Tribunal Supremo

May 10 , 2019 // Conferences, seminars and courses : Professional Liability: lawyers, doctors and other professionals

Published in El Faro Ceuta

The magistrate of the First Chamber explains the changes that have occurred around this issue

For the second time this year, the magistrate of the Civil Chamber of the Supreme Court, José Antonio Seijas, visits our city, this time to participate as a speaker of the 10th Legal Days with a relatively new topic that encompasses civil medical responsibility , based on the jurisprudence issued in the First Chamber of the Supreme Court.
For Seijas it is an "important" issue that has been the subject of many pronouncements by this room. Considers that the fate of this responsibility has been one of the most relevant changes in the jurisprudence of this First Chamber, since what previously had been determined with objective character, "that is to say, the one that caused an injury paid without further ado", now it becomes a subjective responsibility, which has also derived a jurisprudence between the obligation of means and the obligation of results. "The obligation at this time of doctors is means and not results."
During his presentation, based on real cases, the magistrate explained that one of the areas where more negligence is reported and addressed from said room corresponds to the area of ​​gynecology, where magistrates must study cause for cause, emphasizing the nuances of every one of them.
Similarly, Seijas acknowledged that there is a close relationship between the means available to doctors today, sometimes reduced by budget cuts, with complaints of negligence. In this sense, he indicated that in this type of case it is necessary to purify responsibilities to know if it has been a fault due to malpractice or due to the conditions in which the toilets work.

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La responsabilidad civil médica: un importante cambio para la jurisprudencia del Tribunal Supremo
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