LEGAL ISSUES

Tort Law

Tort Law

Introduction

All man-made events and things that are associated with it can give rise to liability. This term comes from the Latin answer, and means "bound to something, commit to". Appears when an obligation was not met or when it causes harm to another person, and can be defined as "the obligation to repair or satisfy himself or through another, any loss or damage that may have been caused by an act with insight, intention and freedom "(art. 897 and 900 of the CC). Under the accountability system must provide the following (Vetri et al, 2011):

A breach is an infraction (voluntarily or not) the duty, which can come from any act or omission. This violation can arise from a wrongful act, breach of contract or a violation of an obligation imposed directly by law ("ex lege").

An injury or "susceptible of discretion pecuniary harm" (art. 1068 CC) in the person, property or rights.

The causal link between the act or omission and the damage done.

An author who can answer personally for the harmful event should be the author directly or through a third party who is given the duty of repair against the perpetrator's actions (vicarious liability), as is the case of dependent (art. 1113 CC).

Guilt supports two versions:

The fraud, if done knowingly and with intent to harm (crime, art. 1072 CC), and

Guilt (quasi-delict) which consists in the omission of those proceedings that exigiere nature of the obligation and which correspond to the circumstances of the person, time and place (Art. 512 of CC).

Guilt can be presented as:

Inexperience, lack of expertise in a particular craft or profession;

Recklessness: addressing the risks without taking proper precautions to avoid or not to adopt the necessary measures to safeguard and

Negligence: Do not do what they should or should not act with diligence.

Professional Liability

General Guidelines

Unintentional damage caused by men in the lawful exercise of their professions lead to professional liability in both the criminal and civil. Professional responsibility is to repair or meet the consequences of the acts, omissions or unintentional errors committed in the exercise of the profession, obviously subject to certain limits. Its origins date back to the Code of Hammurabi (1800 BC) and is currently provided by most of the laws of the world. The case law and were unified in relation to the contractual nature (derived from the breach of contract) the practice of medicine, with rare exceptions, such as vital emergency.

The obligation is emerging media, i.e. one in which the professional does not ensure an effective result of their actions, but the use of all reasonable, according to the wisdom, scientific knowledge and rules of the technique of choice to obtain the patient's recovery. Law 17,132 (art. 20, inc. 1 and 2) prohibits the doctor announce or promise healing (Kaye, 1996).

Among the duties of the professionals we can state:

Keep history;

Assist the patient from the beginning to the end of the relationship between them; ...