Law and Medicine

Derecho y Medicina

The topic refers to the medical liability and is developed from the hermeneutic history perspective of classical Roman law supported by Robert Alexis’ legal theory of argumentation. It presents the need of comparative studies in law, as a way to address fundaments and transversal legal criteria in order to face its own nature. In which, legal principles such as proportionality, self-liability, human behavior, objective risk, rupture of law, and the position of guarantor, among others, for its conceptual development, especially about what concerns to the evolution of the patrimonial liabilities, starting by the principle of the burden of proof, approached from the obligations of means and result and taking into account the legal tension in court decisions. The different judgments are developed based on classic and famous cases of Roman law that deal with various events.

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