ABSTRACT
The extinctive prescription allows the extinction of the compensatory action against doctors. Its interest lies in understanding how this defence of doctors is manifested in contractual liability, law of torts and public medical-health liability. For tortuous and contractual liability, the time period limitation of the extinctive prescription can only run from the manifestation of the damage, a necessary element for there to be liability for the doctor and compensatory action against him. However, law n° 19.996 applicable to public medical-health liability establishes a different rule. In this case the time period limitation runs from the execution of the medical act. This difference has been corrected by the Supreme Court, unifying the criteria for the calculation of the limitation action period in medical matters.
Subject(s)
Humans , Male , Prescriptions , Physicians , Liability, Legal , MalpracticeABSTRACT
The new Chilean regulation about patients' rights and duties is generating a significant change in the information that health care professionals must provide to their patients. This issue will gravitate on medical liability. If this duty is accomplished incorrectly, professionals would fall into an illicit act and become liable to lawsuits and compensations to patients. This article provides a panoramic view about the grounds and content of the duty to inform and how judges are regulating the issue.
Subject(s)
Humans , Liability, Legal , Patient Rights/legislation & jurisprudence , Consent Forms , Physician-Patient Relations , ChileABSTRACT
The progressive increase of medical negligence law suits requires an updated analysis of the current situation of medical liability in Chile. The application of a new criminal procedure will avoid criminal prosecution of doctors, transfering to the civil courts the pecuniary sanctions for malpractice. Medical negligence and damage inflicted by doctors that require compensation are explained. The most likely evolution of medical liability is proposed, through an increase in civil liability insurances and the necessary standardization of rules applicable to profesional liability.