Publicación:

Responsabilidad médica en materia penal en Colombia y Chile, estudio de derecho comparado desde 1874 al 2004.

Resumen

In this research work, a study of comparative law was carried out in the context of health law, specifically in relation to the legal and criminal consequences of injuries caused by doctors or health professionals when, by virtue of their profession, they incur in medical liability for malpractice in attention to each particular case, for this the legal systems or Penal Codes of Chile (1874) and Colombia (Law 599 of 2000), and the Criminal Procedure regulations, which date from 2000 and 2004 respectively, were consulted . In the same way, the historical context and state of the art that relates both countries were analyzed, where it was established that there is a close relationship in both legal systems, since the issue of medical criminal responsibility is given a similar treatment, both in its configuration as well as the legal consequences that they entail. The first refers to the fact that said responsibility depreciates from the health professional due to breaches of the objective duty of care, thereby injuring protected legal assets such as life and personal integrity. The second refers, for example, to the fact that in Colombia a custodial sentence with fines and disqualification from professional practice was instituted, as in Chile for those who violate the norms of the lex artis.