Civil liability in legal relationships arising while performing medical services

Abstract

Background: medical liability is inserted in the so-called responsibilities of professionals; to determine its framework it is necessary to specify the legal nature of the doctor-patient relationship and the civil responsibility for the damages caused in the exercise of the medical activity.
Objectives: to determine the nature of the doctor-patient relationship to specify the criterion of imputation of responsibility and the extent of compensable damages.
Methods: a doctrinal review of important Cuban and Spanish jurists, analysis of comparative legislation and jurisprudence and valuation of Cuban legislation was carried out. The search was carried out in original texts with direct link to the subject.
Development: the doctor-patient relationship is, whatever its cause, a legal relationship to which the law confers guardianship. Its legal nature is based on the obligation of means that arises among the subjects; in this sense it is important the location of medical responsibility as professional responsibility and the analysis of the damages caused, as well as the dominant imputation criteria. The damages caused by the negligent action of the medical personnel can be of patrimonial or moral nature; both must be repaired and compensated according to current regulations.
Conclusions: the predominant imputation criterion in the physician's civil responsibility must be the subjective one, always assessing his expertise and skill in the exercise of his profession; this issue is not much discussed in the curricula of the careers, so this review joins others aimed at developing a legal culture among students and health professionals.