• 作者：Bernardo Perea-P茅rez ; Andr茅s Santiago-Sa茅z ; Mar铆a Elena Labajo-Gonz谩lez ; Mar铆a Elena Albarr谩n-Juan ; Enrique Dorado-Fern谩ndez ; 脕ngel Garc铆a-Mart铆n
• 关键词：Responsabilidad ; Negligencia ; Condenas ; Cuantí ; a indemnizatoria ; Especialidad mé ; dica
• 刊名：Revista Espa帽ola de Medicina Legal
• 出版年：October-December, 2013
• 年：2013
• 卷：39
• 期：4
• 页码：130-134
• 全文大小：357 K

Background

There are few objective data on the number of legal claims against doctors, their distribution by specialty, or their consequences (conviction rate or amount of compensation).

Material and method

We analyzed all rulings present in legal databases (CENDOJ and Westlaw-Aranzadi) until 2010. The 2.817 were selected regarding medical practice and that would contain complete data.

Results

Most of sentences 65.2% (1.837) were issued in the period 2001-2010, mostly originating from civil jurisdiction (85%). The most court claimed specialties were obstetrics and gynecology (13.5%), orthopedic surgery and traumatology (12.3%), emergency department (9.7%), surgery and aesthetic medicine (8.1%), and infectious diseases (6%). The 46% of the judgments noted some kind of malpractice by the physician, and the average amount of compensation was 鈧?83457.5.

Conclusions

The number of judgments caused by medical malpractice claims has increased steadily during the period covered. The most claimed medical specialties were obstetrics and gynecology and orthopedic surgery. These data are consistent with the majority of similar series available. The percentage of sentences where some sort of medical malpractice is noted (46%) is higher than in other series, and the average amount of compensation was two and 2.5 times lower than in the American reference series.