Types of Medical Malpractice Misdemeanor:
It is the lack of anticipation of a typically unlawful outcome, which could and should have been anticipated in acting (he has acted negligently or recklessly but not imagining the criminal outcome of his action).
It is the prediction of a typically unlawful outcome but one that is expected to be avoided, acting accordingly (ie, predicts the outcome of its act but trusts that it will not occur, hope that the fact will not occur, the DOLO difference) .
It is when the rules of an activity have been contravened, that is to say, there was a lack of suitability, recklessness or negligence.
It’s a kind of professional guilt.
The causal link between the medical performance and the damage caused
The birth of the obligation to compensate, originated by the causation of damage in the margin of a previous contract, requires that the injured party by the harmful event establishes the damage, the action or omission of the agent, the causal relationship between both and, for Last, wrongful act of the cause of the damage; Guilt or negligence, as a key element in which the right to compensation for damages caused in the context of non-contractual liability is made dependent, is of the same importance in the event that the damage results from breach of an obligation of means, In this case, the creditor must prove that said breach was derived precisely from the lack of diligence of the debtor in the execution of the agreed benefit
Know the patient Access rights to medical records
The patient has the right of access, with the reservations indicated in section 3 of this article, to the documentation of the clinical history and to obtain a copy of the data contained therein. The health centers will regulate the procedure that guarantees the observance of these rights.
The right of access of the patient to the medical record may also be exercised by duly accredited representation.
The right of access of the patient to the documentation of the medical history can not be exercised to the detriment of the right of third parties to the confidentiality of the data contained in it collected in the therapeutic interest of the patient, nor to prejudice the right of the professionals participating in Their elaboration, which can oppose to the right of access the reservation of their subjective annotations.
Health centers and individual practitioners will only provide access to the medical records of deceased patients to persons related to them, for family reasons or in fact, unless the deceased expressly forbade it and so be accredited. In any case the access of a third party to the medical history motivated by a risk to his health will be limited to the pertinent data. Information that affects the privacy of the deceased or the subjective annotations of the professionals will not be provided nor that it harms third parties.