La responsabilidad civil medico-sanitaria en el ordenamiento juridico español

Abstract

This article discusses the juridical system of civil medical-sanitary liability in the Spanish law. First, the issue of which jurisdiction is currently competent in the Spanish law, so this jurisdiction can know the different cases of civil medical-sanitary liability (penal jurisdiction, actions under administrative law and/or civil), is addressed. Second, which substantive regulations in the Spanish law system are applicable to the type of cases are discussed. In the Spanish law, the juridical system of civil medical-sanitary liability is no issue exempt from doctrinal polemics as a consequence of the diversity of regulations applicable to the type of assumptions (contractual liability regulations, extracontractual liability regulations, regulations in connection with consumers’ and users’ laws). This regulatory diversity leads the Supreme Court to play an important role in the determination of the applicable concrete juridical system; and this is the reason for the many jurisprudential references in this article.