Obligation of means and obligation of results in health services: jurisprudential aspects

Abstract

In this paper we analyse the doctrine and case law that has given support to the classification of obligations that come from medical liability. In the text we consider which is the legal nature of the obligations for this health professional. We understand he may stand obligations not only of giving, or not doing, but mostly will correspond to performing a certain activity (his work) according to his skill, knowledge, experience, and last but not least, a high level of care (superior to the regular care standards), and according to the current state of medical science.

Moreover, we focus on the legal nature of the medical service, emphasizing in the difference between obligations of means and obligations of results. Furthermore, we refer to the theoretical and practical problems arising, the absence of legal specific regulation and the controversial acceptance by the jurisprudence of the Spanish Supreme Court.

Finally, we performed a jurisprudential analysis, concluding the inability to frame the medical activities within the obligations of result, according to the latest jurisprudential rulings of Spanish Supreme Court, because the physician's obligation is not to cure the patient as in any surgery the random element is always present.