La responsabilidad médica frente a la reforma del Código de Procedimiento Civil y del Código Contencioso Administrativo
The reform presented to the Code of Civil Procedure and the Contentious Administrative Code by the legislator on the subject of assessment of the evidence and orality, in what concerns specifically to medical liability, allows to speak of a new change in adapting this to the Constitution of 1991, pr...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6685073 |
| Source: | IUSTA, ISSN 1900-0448, Vol. 1, Nº. 46, 2017, pags. 85-114 |
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| Summary: |
The reform presented to the Code of Civil Procedure and the Contentious Administrative Code by the legislator on the subject of assessment of the evidence and orality, in what concerns specifically to medical liability, allows to speak of a new change in adapting this to the Constitution of 1991, prevailing substantive law and the application of the principles of efficacy, due process, celerity and equality.This last point is studied in this article with the purpose of determining if there is procedural equality between the parties, without the existence of gaps that in a specific moment may favor one of them erroneously. Therefore, when introducing the oral process and in hearings, as well as the submitting of evidence in the topic of medical liability, it is taken into account that the standard indicates that the dynamic burden of proof falls on the person who has to prove a truth or assertion and that, as the case may be, the judge may order evidence by his own initiative will be ordered in the form determined by law, in order to achieve equality between the parties. |
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