Appraisal of the evidence in the responsibility by the medical activity, probability concept and process guarantees

Abstract

As same as science, the jurisdictional process in most of the cases cannot obtain absolute truths, nevertheless this complexity, it is unacceptable to deny outright the procesal truth of the facts, and therefore ofthe process, shoulding adopt as model oftruth that of correspondence. Due to this relativism of the procesal truth, in which it is more appropriated speak of probability, it is necessary to fulfill certain process guarantees, best-called guarantees oftruth.

However, in the responsibility by the medical activity which because ofthe scientific-technical difficulties it gets difficult, not say impossible, to show the causality relation between the fault ofthe service and the damage, the State Council has decided, by reasons of equity, to moderate the regulative principie ofthe truth as correspondence in the respective jurisdiction and therefore as the probatory principies, diminishing the prove modulation required for obtain the just decision.