Publicación:

El riesgo inherente y los elementos estructurantes de la responsabilidad civil médica, en el marco del Derecho sanitario colombiano

Resumen

Medical civil liability is the central theme of this article, the product of research on the elements that structure it and its relationship with the inherent risk to which the user of the health service in Colombia is faced, where the substantive norm, Colombian Civil Code, relates the fault of inexperience, negligence or recklessness with the rules of medical practice known as lex artis, under the theory of adequate cause. The study was carried out with a dogmatic documentary approach, of a descriptive-explanatory type, within the cause - effect relationship, where it was possible to establish that medical practice naturally accepts risk given its social and solidarity characteristics and based on the dynamics of science, where the procedural assumptions to determine medical responsibility, to claim damages, respond to the subjective imputation, based on the ex post facto assessment of the fact.