|
Medicine advances in a surprising way. Biolaw is affirmed at the confluence between
law, medicine and ethics, and health is established as a fundamental right, as a projection of the
principle of the dignity of the human person. Civil liability, of an originally pecuniary nature,
individually and exclusively reparatory, starts to deal with existential goods, including metaindividual
dimensions, prioritizing an ex ante prevention function, in the protection of the human
personality. In the field of medical civil liability, the duty to protect and promote the best interests of
the patient updates the discussion about the traditional precepts of the obligation to compensate: the
renewal of the concept of unlawfulness; the resizing of the notion of guilt; the flexiblility of causality;
the new limits of the damages and the very expansion of the objective imputation of indemnity, in
the restoration of obligations of means and of result. And beyond the classic territory of private law,
there is also a discussion about the aspects related to consumption by the masification of contractual
relations involving hospitals, health plans and vulnerable patients, demanding jurisprudential and
doctrinal constructions suitable for the optimal protection of the human person.
|