Article

Aportaciones de un dictamen pericial social en una causa de negligencia médica

How a forensic social report shaped a medical negligence ruling and the application of the compensation scale.

SUMMARY

The article examines how a forensic social report decisively shaped a medical negligence claim, and stresses the weight of social factors in applying the compensation scale in force since 2016. Drawing on a real case assessed by Firma Quattro, it reconstructs the report's structure —methodological process, genogram, categories of analysis and social diagnosis— and shows how it documented the impact of the after-effects on the claimant's life and that of her family. The comparison between report and judgment reveals an almost literal correlation: the ruling took up the social indicators provided and set compensation for moral damages and permanent injuries, upheld on appeal. It concludes that the new scale also covers workplace accidents and medical malpractice, and that social factors are a proper object of forensic social expertise.

Author: Ana Hernández Escobar · Published in: Revista La Toga (ICAS), nº193 · Year: 2016 · Type: Article

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