Consolidated and current jurisprudence of the Contentious- Administrative Chamber of the Supreme Court on matters of healthcare liability

Abstract

When addressing the issue of healthcare liability, the distinction between obligations of means and of results has traditionally been the starting point. This fundamental difference in the attribution criterion gives rise to important peculiarities in healthcare liability. This study analyzes the peculiarities of the attribution criteria for healthcare liability. Among the criteria for attributing liability, the following are analyzed: anonymous fault (care deficit); the theory of disproportionate damage (presumed fault); the theory of statistical probability (more probable than not); and the theory of loss of chance. This paper attempts to analyze these peculiarities, based on the doctrine repeatedly established by the Supreme Court in successive rulings.