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

Shuber Daniel Urgilés Chica and Roberto David Ochoa Reyes

X-pedientes_Económicos, 2023, vol. 7, issue 18, 80-95

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 mistakes 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 assets of the policyholder, in this case the doctor; or otherwise it would be the assets of the beneficiary, this being the patient, with respect to this disjunctive 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, in the opinion of this work, it should not be possible to treat the alleged claim separately, without the mandatory appearance of the insured or the deceased, which causes a series of procedural problems for him.

Date: 2023
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