Publicación:

Responsabilidad civil de E.P.S e I.P.S al no garantizar eutanasia en pacientes terminales en Colombia

Resumen

The right to a dignified death was born in Colombia as of Sentence C-239 of 1997, when the execution of mercy killing in terminally ill patients who suffered from intense pain carried out by the treating physician was left without criminal consequences; However, it was only until July 3, 2015 that the first “legal” euthanasia was carried out. The argumentation of those in charge of ensuring the aforementioned procedure (EPS and IPS), were the conscientious objection, the lack of professionals or equipment to carry out the procedure, and / or the infinite paperwork, the comes and goes in which the request for some services has become, causing suffering not only for the patient, but also for the family. Therefore, it shows what are the functions and obligations of the institutions in charge of health in the SGSSS in Colombia (EPS and IPS), to later show which is the path or stages that must be followed to access the euthanasia procedure; to finally end civil liability by not carrying out or unjustifiably lengthening the euthanasia procedure. Consequently, the Ministry of Health creates Resolution 1216 of 2015, which gives the guidelines for the organization and operation of the committees in charge of "authorizing" the performance of euthanasia; even so, it continued without providing such service.