La relación de causalidad en la valoración de la prueba en la responsabilidad médica administrativa

One of the phenomena that are necessary to record regarding the jurisprudence of the State Council from 1990 to the present, is the search for solutions that it has undertaken in order to solve the difficulty of proof concerning medical liability. The recognition of the difficulty of proof and its solution has focused on the following aspects of medical liability: failure and causal relationship. As for the proof of causal relationship, the tendency of the majority is the use of the circumstantial evidence to overcome the difficulty of proof. The objective imputation, on the other hand, is taken as a theory that surpasses the traditional approach to causation. In the political field the position of the majority can be located as a liberal prespective, since a solution that gives legal certainty is preferred, given that it underpins both the idea of truth as correspondence and the procedural rules proper to the dispositive system.