Publicación:

Análisis de la responsabilidad medica por cirugías estéticas en el ordenamiento jurídico colombiano, una obligación de resultados no de medios

Resumen

Medical responsibility in the Colombian Legal System, aims to establish an accurate framework of the scope and limit of the civil responsibility of the doctor in the practice of plastic surgery, taking into account the type of intervention that he assumes and the fulfillment of the obligations and duties to office. In particular, aesthetic interventions, where the surgeon will be subject to a specific result when agreeing to perform the procedure, likewise, by failing to carry out his civil and moral responsibility, the health professional would be immersed in a criminal responsibility that puts him in front of the law. in his specialty to respond for the legal damages caused to the legal assets protected by the Colombian penal code. This research will focus on the civil liability that falls on the doctor who performs surgical procedures for aesthetic purposes in order to determine whether the obligation derived from the aesthetic procedure is an obligation of means or results; taking into account that as a general rule in the Colombian Legal System the obligations arising from the practice of medicine are of means, however, this rule finds its exceptions when dealing with surgical procedures with aesthetic purposes in which the patient expects results promised by the health professional. This monograph is the product of a qualitative investigation of an exploratory nature of bibliographic reflection with the objective of analyzing and interpreting the current situation in Colombia, related to the scope of the responsibility of the plastic surgeon.