Problems and ideological bias of medical liability ins Spain (1850-1949)

Abstract

In this paper the positions and proposals are reconstructed as put forward in Spain among the medical profession in the last century and the first half of the present one, regarding the problems of medical liability, especially in respect of its juridical implications. The confrontation and alternation of the points of view expressed by different authors are examined, as well as mental and professional attitudes and certain burning and polemical issues in the general debate, such as the legitimation of the ordinary jurisdictional authorities to judge and evaluate medical doctors or the type of medical action suited to be brought before a courtroom and judged. The article describes the position held by institutional and corporative representatives of the profession —who mace á wide spectrum of claims, from special jurisdiction to the prerogative of legal irresponsibility due to ordinary imprudence or assistential negligence— highlighting the differences in approach between about the 1928 Penal Code and Gregorio Marañón's doctrine in this respect.