La prescripción liberatoria en la responsabilidad civil médica

Resumen

The extinctive prescription allows the extinction of the compensatory action against doctors. Its interest lies in understanding how this defence of doctors is manifested in contractual liability, law of torts and public medical-health liability. For tortuous and contractual liability, the time period limitation of the extinctive prescription can only run from the manifestation of the damage, a necessary element for there to be liability for the doctor and compensatory action against him. However, law nº 19.996 applicable to public medical-health liability establishes a different rule. In this case the time period limitation runs from the execution of the medical act. This difference has been corrected by the Supreme Court, unifying the criteria for the calculation of the limitation action period in medical matters.