Bibliographic citations
Plasencia, D., (2014). Aplicación del criterio de daño desproporcionado en la responsabilidad civil médica derivada de la cirugía estética [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/9144
Plasencia, D., Aplicación del criterio de daño desproporcionado en la responsabilidad civil médica derivada de la cirugía estética [Tesis]. PE: Universidad Privada del Norte; 2014. https://hdl.handle.net/11537/9144
@misc{renati/519359,
title = "Aplicación del criterio de daño desproporcionado en la responsabilidad civil médica derivada de la cirugía estética",
author = "Plasencia Vargas, Diana Elizabeth",
publisher = "Universidad Privada del Norte",
year = "2014"
}
ABSTRACT The following research is based on the analysis of the disproportionate damage from the jurisprudential criteria applied with greatest influence by the Spanish Supreme Court to solve cases on medical civic responsibility, in reason of the absence of a specific procedure at the national level on the mentioned subject of disproportionate damage. The aforementioned criteria will allow the identification of key elements and legal budgets in determining the doctor’s degree of negligent conduct, which caused, against the patient, an unusual or unexpected result according to the rules of medical experience. It is equally intended to apply such criteria, in the scope of voluntary medicine –plastic surgery-, as a cardinal key to regulate the conduct of plastic surgeons, on the basis of a single concept: if the damage that the patient displays is not proportionate to the expected result, negligent conduct on the part of the doctor is presumed during the process of this medical intervention; and therefore, considering the mandatory nature that this surgery implies. The research flows from the contrast of opinions that the judges argue in their sentences, not qualifying with precision the doctors’ civic responsibilities, in many cases, leaving the harmed patients without concrete means to exercise the right that allows them be compensated, for lack of analyzing –those- important criteria such as the gravity of the damage, among others. Suring the development of the research, national and foreign doctrine was reviewed, as well as the pertinent legislation and jurisprudences. In such sense, it has been concluded that is possible to apply, in a legal system such as the (Peruvian) national legal system, the disproportionate damage criteria to qualify the medical civic responsibility derived from an legal budgets it maintains, to analyze the negligence of the doctor during the surgical procedure as the source of the disproportionate damage that is generated against the patient.
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