La culpa en el ámbito de la responsabilidad civil médica. Estado jurisprudencial y modalidades de manifestación

The development of jurisprudence has reduced the disadvantage at which the judicial process used to place medical professionals by changing from a system of objective responsibility to a system of subjective responsibility, the most important element of which is that it shifts the burden of proof of an act of medical negligence on the complainant; the professional against whom the complaint is made does not have to prove that his or her conduct was in accordance with the lex artis ad hoc. Obviously there are nuances (virtual culpability) but, in principle, there is no presumption of culpability, as in systems of objective responsibility.