Tuesday, April 12, 2011

Precomissioning Loan Navy Fed

liability. Loss of opportunity. Why

I decided to open a line of jurisprudence of the Supreme entries on topics of interest, I hope.

The responsibility of the government's objective to residing in the unlawful result. In the health sector is an obligation of means, not to require public health services more timely and correct action, according to the techniques based on current knowledge of medical practice.

Our jurisprudence - I think since 2005 - called "lost opportunity" to a deprivation of expectations that are specific enough that some likelihood that medical intervention could prevent damage, but not fit to affirm certainty to proceed with compensation, for the entire damage, but to recognize in a figure that takes into account an estimated loss of chance of cure that the patient suffered as a result of that late diagnosis of his illness, because, although uncertainty is inherent in the results the practice of medicine (a circumstance which explains the absence of a right to cure) citizens should have in front of their public health services with the assurance that, at least, will be treated promptly using the media and instruments that medical science has made available to the health administrations.

The definition is taken from Judgement of TS, Litigation Division, appeal, appeal No: 863 / 2008.

The issue is of utmost importance as we can see two quick conclusions:
1 º) There is always something not done, or done at the wrong time, will entail the payment of compensation but will have to weigh whether it influenced the harmful result, realized here in this loss of opportunity for a better cure for the patient.
2 º) That "just somewhat likely" stay the trial of the Honourable Member to view logically from the evidence, and moderate the amount of the claim.


other hand ... do you see the Madrid-Barca next Saturday? With some probability for Real ...?

Good morning.

0 comments:

Post a Comment