PUBLIC LIABILITY

The public liability includes the following sections:

1 – Industrial / labour accidents

A compensation where there has been imprudence on the part of the employer originated by the lack of safety measures in the work or for any other cause and the worker has suffered can claim physical damages that can be claimed from the company that the public liability of the company insures from itself.

The industrial accidents can be claimed in the face of the civil, penal or social jurisdiction.

2 - Medical negligence

The right is had to a compensation when the prejudiced one has suffered medical negligence as a consequence of the bad one praxises of the doctor or sanitary staff in the meaning that they have operated in incorrect way in the diagnosis of an illness and has been produced a physical or psychic damage and also when it can be demonstrated that the sanitary staff has not put all means within their reach in order to that the negative result or the injury was not produced.

The Medicine is one of the Sciences to the that the most grateful Humanity can be, as well as, undoubtedly, also have to be it of the professionals who work in her. However, the health workers, equal that the rest of workers, they can commit errors, and it is then when the public liability comes into play for damages, that, obviously, as patients we do not have the duty of bearing. As a matter of fact, the medical negligence has gone to being one of the more frequent sources of public liability in these last years. The causes of this phenomenon are various, but about all them the development of a more collective consciousness is found as users of the Medicine, with rights, and not as simple administered. We do not have to bear the consequences of the medical errors.

LIKE COMPLAINING IN FRONT OF A MEDICAL ERROR

The ways that we can opt for in the face of a medical negligence are some:

PENAL PROCESS

The penal procedure starts through a denunciation or of a complaint and has as main goal to punish the doctor to the different foreseen sentences in the Criminal Code, depending on the gravity of the negligence and of the result.

As main advantage, it can be highlighted that it is about a procedure relatively quickly, in relation to the rest of the processes. In little time, the medical record of the prejudiced one is remitted to the court, it takes away declaration from the imputed ones, and the forensic surgeon ascribed to the court issues a report, without the need for going to an expert evidence of delivery.

The public liability is also purified by this way, besides the penal responsibility, and, consequently, in more of requesting the penal condemnation|sentence of the negligent health worker the payment of a compensation for the damages and tough harm can be claimed.

The main inconvenience is that treats itself of a way complicated to obtain a favorable resolution, among other things because the courts are not partidaris of condemning the medical body penally.

CIVIL PROCESS

The civil process starts through lodging of demand for the prejudiced one.

The main advantage is that in this way they are registered the best number of favorable sentences for the patient, especially in suppositions of cosmetic and plastic surgery, in which the doctor has the duty to improve the aspect former to the intervention. When this improvement is not given or, even, when the aspect worsens as a result of the operation, the responsibility of the surgeon and of the center appears.

The main disadvantage is that it is a costly way. Not only the fees of the professionals of the Right to intervene will have to be paid, but in more, will have to face the draft of the expert, than in these suppositions, it is almost always necessary. Finally, the part that sees their pretensions rejected also is usually condemned on the payment of the coasts. However, if the pretensions are winned partially, there will not be condemnation in coasts. However, when we are in the face of committed negligence in a private center, this way will be the most advisable, sometimes the only one, since the penal way is only reserved for when there is evidence of criminality.

The action prescribes the year or the fifteen year, depending on if it being about a contractual or extracontractual responsibility.

ADMINISTRATION PROCESS

This way is reserved by the beneficiaries for the Public Health who have been prejudiced by the performance of the Healthcare.

The way contentious-administrative starts with the lodging of an administrative claim in the face of the Service of Health of the corresponding Autonomous Community with competences transferred on the subject of health. It is important to sort out the administrative procedure (in first place) from the judicial procedure (in second), which will be given if the administrative claim has been rejected in an express way or for negative silence.

La acción prescribe al año, desde la determinación de las secuelas o la defunción.

3 - Patrimonial responsibility of the Public Administration

In case damages and harm against the town councils, the autonomic administration or that state due to its bad operation having provoked a damage body to the citizen have to be claimed.

Also the Public Administration has the duty to pay in the suppositions of patrimonial responsibility of the same one. Thus, the simple fact that falls down for the street, if it is not in good state, is an excellent example of what we are indicating, in this case, the Town Council have to compensate the victim for the damages and caused harm.

4 - Other indemnifiable suppositions

The damages derived from the construction.

Contracts of insurances.

The attacks of animals.

The damages that have its origin in a product or defective service.

These are some of the typical suppositions, to more of the traffic accidents than you don´t have the duty of bearing, and that, therefore, has right to be compensated. But not only the individuals, the companies and, especially, the insurer companies have to face these compensations, also the Public Administration.