RESPONSABILIDAD CIVIL POR INFECCIONES INTRAHOSPITALARIAS

the health institutions are in charge of prevention and control of the nosocomial infections. the tendency of the chilean jurisprudence has been to compensate damages caused by this kind of infections. even though the health establishment might be condemned by a civil action, in general the rulings are not founded in strict liability standard -even if erroneously under that name- but by means of others judicial reasoning which benefit the victim and produce the same result, like an objective understanding of negligence, the establishing of presumptions of fault and cause-effect relationship, the breach of duty or the legal criteria res ipsa loquitur and prima facie evidence. to prove damages is not enough. if negligence or the cause-effect relationship between the illicit act or omission and the damages are not legally established or proved, the victim must bear his or her its own damages.