LEGAL ANSWERS TO COMMON MEDICAL QUESTIONS HABITUALS
Prevention of malpractice suits
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This paper was inspired by the concerns of physicians and lawyers themselves, the other party investigated by us, since we are convinced that knowledge is the best weapon for the prevention of lawsuits against the medical corps and health teams. The spirit is obviously legal, since physicians must always keep in mind that the one who will judge them will not be another colleague but a lawyer who will be the judge at that moment, while thinking that medical reasoning is not always in agreement with legal reasoning. Many answers were directly based on the guidelines of Law 17132, the new Civil C...
This paper was inspired by the concerns of physicians and lawyers themselves, the other party investigated by us, since we are convinced that knowledge is the best weapon for the prevention of lawsuits against the medical corps and health teams. The spirit is obviously legal, since physicians must always keep in mind that the one who will judge them will not be another colleague but a lawyer who will be the judge at that moment, while thinking that medical reasoning is not always in agreement with legal reasoning. Many answers were directly based on the guidelines of Law 17132, the new Civil Code and other legislation together with the Code of Ethics of the Argentine Medical Association in its third edition, the Code of the Argentine Medical Federation and our own contributions. The important thing is that by knowing the legal norms in advance the professional will know when his behavior is licit or illicit, or can be questioned. The idea is that knowledge reduces the professional's daily stress and will lead him to the path of greater tranquility in his daily activity. In short, we do not want to prove anything but simply to show and promote reflection.
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