The concept of Lex Artis is applied to acts of medical examination , acts of diagnosis and acts of treatment proper, both clinical and surgical.
If you are a victim of medical negligence, the first thing you need to do is find out if list of contact numbers in philippines you can file a claim for your case. To do this, it is advisable to put yourself in the hands of an expert medical negligence lawyer .
First of all we must define what Lex Artis Medica is :
"The assessment criterion of the correctness of the specific medical act performed by the medical professional that takes into account the special characteristics of its author, of the profession, of the complexity and vital significance of the act, and where appropriate, of the influence of other endogenous factors - the state and intervention of the patient, of his family members or of the health organization itself -, to qualify said act as in accordance or not with the required normal technique."
When you have undergone treatment or the result of medical assistance has resulted in harm , we are dealing with medical negligence. However, there must be a causal link. It must be verified whether said harm is due to negligent medical action .
To classify medical conduct as negligent, a series of elements will be taken into account :
Conduct will be assessed according to certain criteria.
It will be assessed whether the medical action is appropriate or corresponds to the generality of professional conduct in similar cases.
The principles and standards of the medical and technical profession will be taken into account.
The type of intervention, the means of care, the patient's condition, the severity, the difficulty of execution, etc. must be taken into account.
The specific medical act is taken into account. That is to say, the lex artis applies to every profession and within medicine this "lex" responds to the singularities of each actor.
We must remember that in medicine, the contractual or extra-contractual obligation is not one of result, but rather an obligation of means . That is to say, the obligation is not to recover the patient, but to provide him with all the means and care that he requires according to the state of science at that time.
Is there always medical negligence?
No, not all medical actions that cause harm to the patient can be classified as negligence. In fact, medical negligence would be the exception .