The legal discipline of damage resulting from diagnostic error
A technical-legal analysis of the problem
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This scientific paper deals with the details involved in the doctor-patient relationship, with special reference to the formation of nosological diagnoses. The evolution of the social bond involved between the aforementioned actors will be demonstrated, focusing on the determining reasons for the deterioration of the fiduciary relationship between doctors and patients, which eventually culminated in the high numbers of lawsuits being filed in the country, in a phenomenon known as the judicialization of medicine. The legal outline of the medical obligation and the consequent successive legal du...
This scientific paper deals with the details involved in the doctor-patient relationship, with special reference to the formation of nosological diagnoses. The evolution of the social bond involved between the aforementioned actors will be demonstrated, focusing on the determining reasons for the deterioration of the fiduciary relationship between doctors and patients, which eventually culminated in the high numbers of lawsuits being filed in the country, in a phenomenon known as the judicialization of medicine. The legal outline of the medical obligation and the consequent successive legal duty of responsibility will be debated, dealing with the hypotheses of non-compliance with the legis artis of the medical profession regarding nosological diagnosis. Next, the views of various professionals on what are known as professional errors, popularly referred to as medical errors, will be exhaustively discussed, embracing their doctrinal classifications and the forms and reasons involved in their occurrence. Special focus will be given to the conceptual determination of the nosological diagnosis, as well as the possibility of violations during its production procedure.
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