Integration of medical service delivery. Relevant issues in the context of the new deontological rules.

Abstract

The publication of a new Code of Medical Deontology in March2023 requires a rethinking of the value of deontological rules for the integration of the provision of this type of professional services, particularly with regard to their compliance with the Law.

This is of special relevance in relation to the issues whose analysis is assumed in this work, either because they are possible to be applied to all medical services (health protocols), or because they are required for the performance of any medical act (informed consent) or because they have reached a significant relevance and questioned at the same time (non-face-to-face services).

All of them directly involve the diligence required of the medical professional, which hinges on the classic lex artis ad hoc of Article 1104, first paragraph, of the Civil Code, to which any deontological regulation must necessarily conform in order to have an integrative value for the provision of services.