The Medical Contract. Classification, Content And Responsibility

Abstract

This work addresses the classification and content of the doctor-patient relationship as well as the effects of non-compliance. The contract is regarded as atypical and cannot be considered a mandate, being that its contractual content is determined by the legislature and the competent administrative body, through clinical practices and regulated protocols that mark its directed character. To this we add the lex artis, which is shaped by what is expected of the professional in the circumstances in which the medical act is carried out. Finally, the work addresses the effects of non-compliance, distinguishing, in the medical environment, the responsibility by fault of that objective, as it is an obligation of means or result. Keywords: Author Keywords:Medical liability; directed contract; lex artis; obligations of means and results