Medical negligence or malpractice

Medical negligence or malpractice is usually caused by lack of professionalism of the doctor or center responsible to the prejudice of a patient. This actions may cause the patient misdiagnosis that can be irreversible or damage that could be available. In this sense, there are many cases where the courts recognize this responsibility.

Here are some of them:

1. Delay or misdiagnosis of a patient.

2. No follow specific protocols.

3. Provide an inappropriate prescription of drugs.

4. Perform surgery with harmful results for the patients.

5. A serious infection spread because of poor hygiene at the hospital.

6. No provide emergency health care.

7. Lack of postoperative supervision.

If malpractice or medical negligence happen you should keep in mind that any medical documentation can be much helpful to a later claim.

According to the spanish Civil Code:

The infringement of the duties of doctors behavior generates responsibility for the infringement of Article 1101 of the Civil Code, if an action is brought contractual liability. Article 1101 of the spanish Civil Code says: “Persons who, in the performance of their obligations, should incur willful misconduct, negligence or default, and those who in any way should contravene the content of the obligation shall be subject to compensation of any damage caused“.

http://www.grupomedicodurango.com/casos-mas-comunes-de-negligencia-medica-o-mala-praxis/

Civil liability in the spanish Civil Code

Any natural or legal person is capable of producing damage to a third party, whether by action, omission or negligence. The damage can carry criminal consequences when the action, omission or negligence is criminalized and civil consequences when they understand that there is still a crime, it must repair or replace the previous situation to the damage.

The civil liability represents the basis of Articles 1902, 1903 and following the spanish Civil Code:

• The art. 1902 of the Civil Code states: "Whoever by act or omission causes damage to another, intervening fault or negligence is obliged to repair the damage caused."

• The art. 1903 adds: "The obligation imposed by the previous article is required not only for the acts or omissions themselves, also by those people who should respond“.

Parents are responsible for damage caused by their children who are under their care. Tutors are responsable from the damage caused by minors or incapacitated that are under their authority and live with them. Also the owners or managers of a business establishment and respect of the damage caused by their servants in the service of the classes that have employees.

http://www.segurosrc.es/que-es-responsabilidad-civil.htm

The types of products defects

In this post I am going to speak about the defects that cause injury and also about the various products liability cases.

Product liability is the most effective weapon consumers have against dangerous products. This responsibility may occur at any point in the manufacturing process or in the distribution of a product. Consequently, the manufacturer, wholesaler an the seller of the product may share responsibility for the damage caused by a dangerous or defective product.

Defects that cause injury

• Design: An imperfection or error in product design can be very dangerous. This flaw existed before manufacturing the product.
• Manufacturing: A kick in the manufacturing process cause that some products are defective.
• Marketing: Missed warnings or instructions for using the product correctly.

A person injured by a dangerous product is required to check that the product is defective. There are three types of defects that impose liability on manufacturers and distributors of a product:

The various products liability cases

Strict liability: A applicant can fully recover from an injury without having to prove misconduct by the defendant. The plaintiff only has to prove that the injury was caused by a defective product that was manufactured or sold by the defendant. This type of case is the most common.

Breach of warranty: The defendant was negligent in failing to warn the plaintiff about the dangers of the product. Guarantees may be express or implied. A guarantee is broken when an applicant purchases a product with the intention of using it safety and trusts that the manufacturer had the knowledge to create a safe product. This guarantee means that the manufacturer or seller of the product presented a way for the client to trust the product.

Neglect: It is more difficult for the plaintiff prove a case of negligence. To do so, the plaintiff must establish: 

• A relationship between the manufacturer and the defendant in which the manufacturer had the obligation to protect the buyer.
• Failure to comply with this obligation. 
• A relationship that caused injury or damage to the buyer.
• https://www.law.cornell.edu/wex/es/responsabilidad_del_producto