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ID: <

oai:doaj.org/article:6fef8b3b65364914af414c1cdcbc323a

>

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From fault to fault in the medical practitioner’s civil liability

Abstract

Afirmada, the analysis of the doctor’s civil liability requires caution. Contemporary civil law is not consistent with the traditional psychological concept of guilt and requires instead attention to standards of conduct, the observance of which makes it possible to demonstrate the professional’s diligent conduct. Such procedures, which are difficult to define in abstract terms, must be extracted from the professional practice of the medical community itself, leading the judge to an essential dialogue with experts. In that way, it is possible to distinguish what is called ‘medical error’ from those in which the doctor was guilty and must be held liable for the damage caused, in the light of the general theory of civil liability.

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