Maestría en Derecho Médico
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Browsing Maestría en Derecho Médico by Author "Arboleda Quintero, Afrania"
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Item El consentimiento informado en la determinación de la responsabilidad médica en cirugías estéticas(Universidad Santiago de Cali, 2024) Arboleda Quintero, AfraniaThe medical specialty in plastic surgery has two subspecialties: aesthetic and reconstructive. This article emphasizes the importance of Informed Consent (IC) to configure medical responsibility in aesthetic surgeries, since in recent years, the boom achieved by these has produced a significant increase in the number of lawsuits for undesired results and many of the legal processes initiated respond to flaws in their preparation, since in many cases this responds to a standard format with multiple flaws, gaps and absence of precise, clear and detailed information about of the procedure to be performed, its treatment alternatives and the possible consequences and sequelae derived from it. Patients' expectations of obtaining successful results or the eventual promise of considerable improvements in physical appearance have given rise to multiple legal claims, due to disagreements filed when the results are diametrically opposite to what was promised. This article is the result of analysis of socio-legal research on IQ, from which characteristics, structure and normative foundations have been identified and from there determine the type of responsibility attributable to the doctor, especially when the results of aesthetic surgeries are not the same. desired, since jurisprudentially it has been said that when there is a commitment to deliver a certain result, the obligation is of result, in those unique and exceptional cases, because in general the medical obligation is of means; However, it is necessary to identify which elements must be taken into account when defining whether this type of responsibility is actually attributable when a lawsuit is filed for aesthetic procedures; taking into account that the I.C. It is the base document of the service contract that the doctor provides to his patient and whose incorrect and/or incomplete completion is key in the medical liability lawsuit processes.