Elements of malpractice
b) Negligence: It is understood as the lack of care and abandonment of the guidelines for treatment, asepsis and patient follow-up, which are indicated and are part of the studies in the health professions.
c) Impertinence: It is generically determined by the insufficiency of knowledge for the attention of the case, which is presumed and considered acquired by obtaining the professional title and the exercise of the profession.
Notwithstanding the foregoing, there are guidelines of professional conduct that must always be adopted by such professionals, in order to provide the best defense against the accusation. In this way, and in order to respond to accusations of imprudence, lack of skill or negligence, health agents must carry out, among other important elements, a clear, complete and sequenced Clinical History, which must also contain the pertinent observations of the person who writes them.
This is valid both in Criminal and Civil matters, but while the Hospital Institutions or Sanatoriums are liable with their patrimony to face the monetary compensation in the Civil sentence, they do not have a Criminal sanction that reaches them, considering that they are Legal Entities of ideal existence, not physical.
How much can you win in a malpractice lawsuit?
In health care it sometimes happens, when a medical mistake is made. The injury can be recognized as malpractice. The Penal Code specifies that there must be abandonment of the patient or an omission to assist. For malpractice to exist, it must be proven that the accused professional, despite being aware of his obligation, failed to act.
The so-called Lex Artis (law of the art), a succession of criteria that conform to proper medical practice, are, generally, acts followed by the entire health community. The Lex artis performance follows the relevant technical rules qualified as a good professional or technician, and of a good praxis in the exercise of a profession.
Do you think you may have suffered a medical malpractice, in Grupo Médico Jurídico Durango we offer you a team of specialists trained to study your case and determine whether there may have been a negligence.
Our medical experts will study the viability of your case in order to successfully request the process before the National Institute of Social Security.
There are few exceptions to this general rule, one of them being cosmetic surgery for beautification purposes, where the objective pursued is the aesthetic result. Those responsible for clinical analysis in laboratories and pathologists also have a duty of result.
In Argentina, following world trends, the most demanded specialty is obstetrics. This has to do mainly with the existence of a double risk, that of the mother and that of the newborn, with the possibility of serious sequelae often not expected and with very high future treatment costs. Traumatologists, general surgeons and cosmetic surgeons are also frequently in demand.
Solidarity funds are mutual systems generally organized by medical corporations or medical associations, in which a fee is compulsorily added to the registration fee paid by the professional in order to form a solidarity economic fund to cover eventual indemnities that must be paid for lawsuits with sentences passed against physicians who are members of the association or medical circle.
Medical malpractice definition
The present reflections deal, from a peculiar point of view and without crusade nuances, with one of the most polemic and ancient topics throughout the history of legal sciences in its relation with the practice of medicine: medical liability. This topic has experienced a special concern in contemporary society due to the progressive judicialization of medicine. Greater concern is generated by that which reaches the realms of Criminal Law around which there is a growing academic debate, being inevitable that diverse opinions arise around medical recklessness. This article systematizes, from a doctrinal, exegetical and comparative study, some of its main theoretical foundations. We refer to the assumptions of legal liability, the concept of medical malpractice, the different positions regarding its incrimination, as well as the relevance of the classification of recklessness in the analysis of medical malpractice.