La responsabilidad civil médica y su incidencia en el contrato de seguro

Abstract

Medical civil liability from a general point of view, is the responsibility that each of the medical professionals has to suffer the consequences of certain faults or blunders committed by them in detachment from the "lex artis", which is nothing more than the set of technical standards that the professional's performance must comply with.

Within the coverage of the insurance contract, with respect to medical civil liability, several points of view are analyzed, among them, what is the true insurable interest within this figure, although it would be the patrimony of the policyholder, in this case of the doctor; Otherwise, it would be the patrimony of the beneficiary, this being the patient, with respect to this dilemma matter of discussion, the figure of direct action is added, which is the power that the affected third party would have to claim directly from the insurance company, Therefore, according to the criteria of this work, it should not be authorized to treat the alleged claim separately, without the mandatory appearance of the insured or the deceased, which causes a series of procedural problems for this.