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[Legal responsibility in the exercising of the neurology clinical practice]. | LitMetric

[Legal responsibility in the exercising of the neurology clinical practice].

Neurologia

Subdirección General del Defensor del Paciente, Comunidad de Madrid.

Published: December 2004

The importance of responsibility in the clinical practice is derived from the transcendency of what they affect (life and health) and the risk implicit to it. The clinical performance does not require curing. The obligations that are derived from them are means and not results. It is also not correct to associate error and responsibility. Responsibility of the professional may be claimed by civil, patrimony, corporative, disciplinary and penal routes based on the reasons and according to who is making the claim. These claims may be presented individually or jointly based on whether the modality of the professional practice is free or carried out by others, whether in public health or private health care. The professional has different alternatives to respond to the possible lawsuits that are presented, both penal and civil action or protection have the common problem of the difficulty of proof.

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