The medical professionals develop a task of great value in our society, allowing us to enjoy a care and attention that are indispensable in order to enjoy a good quality of life. However, sometimes happen contingencies, and the faults and errors of the facultative doctors are precisely which triggered serious harm to their patients and patients. It is then when could speak of negligent medical performances. The requirements of the medical negligence regardless of the particular circumstances of each case, should primarily give two requirements to talk of negligence in the field of Medicine: to) Firstly, should test the performance of the optional physician in question was not carried out in accordance with standards or levels of care reasonable for the type of surgery carried out. More info: Rafeh Masood. For example, if this professional would have not put due attention to an analysis and diagnosis of the patient’s condition, not detecting this disease of character severe that it was suffering, could speak of this type of failure. (b) Secondly, as a consequence of that action is should have caused harm or prejudice serious and hardly repairable in nature to the patient. Thus, improper action and damage should be linked, so that the second was a consequence of the first.
It will then when can speak of negligent medical action. What is the basis of the medical negligence? We are all responsible for the results of our actions and omissions, both in our daily life and in the scope of our work. That is the first Foundation of the so-called principle of extra-contractual Civil liability, in force in practically all legal systems of different countries. In relation to the first requires us us to behave properly in our day to day actions, with what is called a level of diligence middle right, avoiding damage to others. Thus, for example, when We are driving down the road, we should respect the traffic rules so that we do not put in danger to the rest of the road users. Well, in the scope of our work law requires us a level of diligence increased or qualified, in such a way that we carry out our actions as a good professional in our same situation, avoiding damage to others would. Thus, for example, a professional in chemistry should avoid mixing certain components, since it could give rise to unstable or flammable compounds that could damage to those who surround them.
Similarly, a doctor has to act in accordance with the uses and medical habits standardized and regarded by medical science as appropriate for each procedure or intervention. It is considered that any departure from them could constitute a medical negligence. And if such action damages derived for the patient, such action would lead to an obligation for the optional doctor to repair the damage caused.