Abstract

HERNANDEZ MORENO, J.; HERNANDEZ GIL, M.L.  and  HERNANDEZ GIL, A.. Medical responsibility for malpraxis: the extrajudicial channel. Cuad. med. forense [online]. 2002, n.28, pp.07-24. ISSN 1988-611X.

In this paper we make a critical study of the extrajudicial answer to responsibility for medical malpraxis. First some of the problems of the ordinary process of law are considered; these could induce us to consider other methods, which, however, never exclude the law; we also consider the state of the question in other countries, which have been pioneers in the implantation of these extrajudicial systems, noting particularly those of the European Union and the United States. These proceedings are then examined in our own country, paying special attention to mediation, conciliation and arbitration, making a conceptual study and an evaluation of the advantages and disadvantages of their application in practice, with a final criticism of the same.

Keywords : malpraxis; responsibility; extrajudicial.

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