Publicación:

La aplicación de la imputación objetiva en Pereira, y su relación en el aumento de la práctica de la medicina defensiva en la ciudad de Pereira en el periodo 2017-2021

Resumen

The objective of this work was to demonstrate the hypothesis that the application of the theory of objective imputation in cases of medical criminal liability in Pereira (Risaralda), generates an increase in the practice of so-called defensive medicine, causing an increase in lawsuits and complaints against doctors in that region of the country. To determine the relationship that exists between the application of the theory of objective imputation and defensive medicine, the bibliography related to these concepts was analyzed, from the legal point of view, the positions of the authors and doctrinaires, as well as the jurisprudence of the Supreme Court of Justice and the Superior Court of Risaralda. Through the quantitative analysis of the results obtained in interviews carried out in Pereira, with a group of ordinary people and medical personnel, the high rate of distrust of society in the health system is established, promoting a distancing in the relationship between the doctor and his patient, due to the practice of defensive medicine. The research shows as a result that this defensive reaction of the health professional towards his patient encourages the filing of lawsuits and, likewise, the application of objective imputation increases the defensive reaction of the doctor to avoid lawsuits and complaints. Therefore, it is necessary to propose measures to help restore trust in the doctor-patient relationship. The objective of this work was to demonstrate the hypothesis that the application of the theory of objective imputation in cases of medical criminal liability in Pereira (Risaralda), generates an increase in the practice of so-called defensive medicine, causing an increase in lawsuits and complaints against doctors in that region of the country. To determine the relationship that exists between the application of the theory of objective imputation and defensive medicine, the bibliography related to these concepts was analyzed, from the legal point of view, the positions of the authors and doctrinaires, as well as the jurisprudence of the Supreme Court of Justice and the Superior Court of Risaralda. Through the quantitative analysis of the results obtained in interviews carried out in Pereira, with a group of ordinary people and medical personnel, the high rate of distrust of society in the health system is established, promoting a distancing in the relationship between the doctor and his patient, due to the practice of defensive medicine. The research shows as a result that this defensive reaction of the health professional towards his patient encourages the filing of lawsuits and, likewise, the application of objective imputation increases the defensive reaction of the doctor to avoid lawsuits and complaints. Therefore, it is necessary to propose measures to help restore trust in the doctor-patient relationship.