Some issues about civil liability in the case of drugs in Spain.
DOI:
https://doi.org/10.22235/rd.v0i9.754Keywords:
medicines, medicaments prescription, civil liability, medical liability, damages, SpainAbstract
Abstract. The drug is a type of very special consumer product if we compare it with other
products: take a drug that a drink is not the same. Not only is special in itself, but that is
also different from the type of relationship that occurs - in most cases - the consumption
of 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 responsibility
of the drugs into the defective products is the more correct all analyzing if the different
elements of this responsibility fit properly.
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