Publicación:

La responsabilidad civil contractual médica de acuerdo a la jurisprudencia de la Corte Suprema de Justicia - Sala de Casación Civil (2010-2016)

Resumen

This investigation was directed to make an analysis of the Medical Contractual Civil Liability that health professionals can contract, with respect to the kind of obligation; means or results, according to the position of the Supreme Court of Justice during the years 2010 to 2016. Contemporary society, characterized by the mass demand for services, such as health, differentiating factors appear from the obligations of professionals doctors that arise from a contract in the provision of medical services, being the intervention of third parties inherent to the provision of health services, such as the State itself, with ESE health centers and public hospitals, clinics or Private IPS, EPS (Health Promotion Companies), prepaid health service providers and / or private systems for the provision of health services, among others. Similarly, factors such as specialization and the collective provision of medical services have an impact. Medical contractual civil liability, consistent with the obligation derived from the medical profession and the medical centers that can be found, whether they are private or public, this analysis object of the work seeks to establish the basis of responsibility, according to the obligation if it is of means or result, consequent with the breach of a legal duty in charge of the medical professional, which results in damage. Medical civil liability is contractual, when the consequences of the procedure or medical action, which had been signed between the parties; by means of an informed consent, or in a tacit way, they are derived either by, non-compliance or late compliance; negligence, inexperience of the professionals creating an obligation with the patient, the damages to be compensated when the fault has been proven by the affected party.