Algunas cuestiones acerca de la responsabilidad civil en el caso de los medicamentos en España.
Abstract. The drug is a type of very special consumer product if we compare it with otherproducts: take a drug that a drink is not the same. Not only is special in itself, but that isalso different from the type of relationship that occurs - in most cases - the consumptionof medication: within a hea...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6119823 |
| Source: | Revista de Derecho: Publicación de la Facultad de Derecho de la Universidad Católica de Uruguay, ISSN 1510-3714, Nº. 9, 2014 (Ejemplar dedicado a: Revista de Derecho), pags. 161-184 |
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| Summary: |
Abstract. The drug is a type of very special consumer product if we compare it with otherproducts: take a drug that a drink is not the same. Not only is special in itself, but that isalso different from the type of relationship that occurs - in most cases - the consumptionof medication: within a health relationship between a physician and a patient. On the one hand, civil liability in the case of drugs is their legal framework within the general rules of responsibility by defective products, which is a very rigorous strict liability. On the other hand, the professional responsibility of physicians is often considered subjective, but coexists with legislation consumers defense which prescribes that ‘health services’ responsibility is objective.The set is so complex, so what is good to reflect on whether the socket of the responsibilityof the drugs into the defective products is the more correct all analyzing if the differentelements of this responsibility fit properly. |
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