I am stayhardlongernity

What is medical negligence?

Most citizens need the services of a doctor at some point in their lives and they must exercise their trades under the so-called “lex artis”, which we can define as the technical rules that are established following the standards accepted by the scientific community, and to which professionals must comply in the exercise of their profession, taking into account the conditions and circumstances in which they have to perform it and the situation of the patient in each case. When the lex artis is broken, therefore, it is when negligence appears, and as a consequence, liability can be demanded for assuming the existence of professional negligence. It is then when a lawyer specializing in medical negligence can intervene, for which it is necessary to have specific preparation and extensive experience in this field.
When is it considered negligence?

It is convenient to distinguish between an obligation of means and an obligation of result. In the case of medical negligence, numerous judgments of the Supreme Court have established that in these cases we are faced with an obligation of means, since the doctor’s obligation is to “make the appropriate means available to the patient and commit to applying the appropriate techniques with the care and precision required” in addition to “providing the patient with the necessary information that allows them to consent to or reject a certain intervention”.

In relation to medical negligence, recent jurisprudence has developed the theory of loss of opportunity, the Judgment of the Provincial Court of Madrid of May 3, 2012, among others, defines it as the acts carried out by a medical professional and that they have been able to influence the evolution of a disease, “depriving the patient of the opportunity for cure.”

That is to say, they are actions of the medical professional, which have not caused his ailments, but have influenced the possibility of healing for the patient. The professional is not responsible for the patient’s illness, but they will respond civilly when his conduct affects its evolution.

In summary, we are referring to the loss of opportunity when the negligence of a doctor does not cause the disease, but it does reduce the chances of cure, this loss of opportunity for the victim must be evaluated by the Court taking into account the circumstances of each case. concrete.
How do you know if medical negligence has been committed?
Going to an expert lawyer in medical negligence, who with the help of a specialized medical team, will assess whether this negligent act of the doctor really exists. For this, the most important thing is to examine the medical reports and documents, which the hospital is obliged to provide. In order to go step by step without making mistakes, it is essential to have the best professionals. At Despacho Toro we make the first free visit and the feasibility analysis without obligation.

Related Posts