Publicación:

Alcances jurídicos en materia de responsabilidad civil contractual y extracontractual, de la negligencia médica en cirugía plástica – estética a la luz de la normatividad colombiana.

Resumen

The responsibility of the doctor is generally characterized by carrying out obligations in relation to contracts for the provision of medical services, which requires, within the legal theory of contracts, that compliance with the same is translated into simple and optimal behavior. Doctor’s good faith towards his patient; detaching this from the obligation of, as textually expressed by the Supreme Court of Justice "cure the ailment" of the patient. Parallel to this position, which generally governs contracts for the provision of medical services and those exceptional cases of extracontractual events; there are medical obligations of result; where, it is not enough simply with the good application of the medical techniques and behaviors of the attending physician, but, the doctor must guarantee a result and avoid at all times the deterioration of the current state of his patient; what leads to the breach of the contract, even with the non-satisfaction of the result, despite the optimal behavior and work of the treating doctor. Starting from this point, our discussion is born, aimed at defining up to where the doctor in particular is civilly responsible for possible damages caused in a procedure where his obligation is of result; starting from that, there are internal and external factors that can alter, significantly the results of a procedure, generating in this way, a possible exoneration of responsibility, as happens in private law. The results of our research showed us that, despite the fact that responsibility for this type of procedure is a result, due to various factors, such as strange causes, they can, in spite of the patient's damage or dissatisfaction, exonerate the surgeon.