A propósito de la responsabilidad civil médica. La teoría de la pérdida de oportunidad y del resultado o daño desproporcionado

Abstract

The imputation's elements of the civil medical responsibility is, as a general rule, that of subjective responsibility or for fault. Though, it is not foreign to certain trend of target, so much in the Statute law, since in the jurisprudence, which comes to determine the basic aspects of the juridical regime applicable to this supposition of responsibility, such as the regime of the test, the requirement of the causality, and the incident of the assent informed in his appraisal and extension. This way, the own plaintiff does not have to give always fulfilled account of the fault or negligence in which the physician incurred the fulfillment of the obligation of means that corresponds to him to execute, but sometimes it fits that, the lack of diligence of that one the judge infers in view of the development of the process across mechanisms targeted as the hurt or disproportionate result. On the other hand, the transformation of the classic conception of the relation of causality, and to prevent the victim / patient from staying without repair, determines the appearance of the theory of the loss of opportunity when it could not establish if a certain conduct has provoked a hurt, but there exists the possibility that with the due behavior, had not produced the harmful result to itself.