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HEALTHCARE LIABILITY DUE TO MEDICAL NEGLIGENCE. A PROPOSAL FOR SYSTEMATIZATION
This article aims to systematize the liability of public and private health institutions as a result of medical negligence, through a dogmatic analysis of the problem and the decisions of seventy rulings selected for the study, as they substantiate such liability in various ways or resolve different systematic assumptions. The article includes a conclusions section that highlights the main findings of the study.
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THE INFLUENCE OF TORT LAW ON STATE LIABILITY FOR LACK OF SERVICE
This article analyzes the influence of tort law on State liability for lack of service from Peter Cane’s theory developed in Tort Law and Public Functions. At this point, the paper addresses three fundamental aspects: the normative structure in the relationships of juridical inequality, the role of egalitarianism in State responsibility, and the duty to compensate the damages caused by public agents. First, it states that the normative structure of public responsibility must be understood in terms of corrective justice since there is a party that must correct the illegitimate damage caused by another. Second, it proposes that equality between the parties functions as a distributive criterion to reduce the state subordination exercised on the administered. Finally, it contrasts the objectives of State responsibility and tort law and identifies the general reasons why the Administration should compensate for the damages caused to the administered.