Maestría en Derecho Médico
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Browsing Maestría en Derecho Médico by Subject "Acto Médico"
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Item Caracterización de las demandas por responsabilidad médica, falladas por el tribunal contencioso administrativo de Quindío, en el periodo 2016-2020(Universidad Santiago de Cali, 2022) Mendoza Salazar, Julio Cesar; Guerrero, Álvaro AlfonsoThis research with a qualitative approach and descriptive scope, seeks to analyze the claims for alleged medical responsibility, ruled by the Contentious Administrative Court of Quindío, period 2016-2020, raising a series of conclusions regarding the problem to be investigated. In Colombia, in the last decade lawsuits for alleged liability in health have increased, in the department of Quindío this phenomenon has not gone unnoticed, as a result of lawsuits for medical liability, state social enterprises, EPS and territorial entities health, have had to allocate a considerable budget for the payment of lawsuits against them. The reasons for which the different actors in the health system are condemned are diverse, among them we find negligence, inexperience, recklessness and non-adherence to regulations; others of an administrative nature, such as lack of coverage, lack of access, opportunity and security in the provision of services, non-delivery of medicines or authorization of procedures, along many other situations that explain the judicial congestion. It is considered important to analyze the health claims presented in the department of Quindío, to establish a clear panorama of this phenomenon since there is no similar study. In this way, the system actors will know what the etiology of the demands is, allowing the initiation of improvement plans in the health care and administrative care processes, which ultimately results in a benefit for the user and management of financial risk in health. As a result of this investigative exercise, a series of interesting data is delivered that allows us to understand both the genesis, as well as those characteristics of the health actors that, in one way or another, are related to the medical act and the provision of health services in the department of QuindíoItem Concomitancia y responsabilidad restringida del profesional de la medicina en el acto médico complejo(Universidad Santiago de Cali, 2020) Hernández García, John Fredy; Quintero Calvache, Juan CarlosThis article aims to show that the concomitance in the complex medical act restricts the responsibility of the medical professional against failures in the decisions adopted for the treatment of the patient. From a qualitative approach, an analysis of the Colombian doctrine and jurisprudence that treats the concomitant acts within the annexed functions that integrate the so-called medical care will be made. It is tried to establish that the responsibility derived from the complex medical act is not exclusive to the doctor, since the concomitance in the complex medical act conditions the decisions regarding the diagnosis of the diseases, treatment and surgical interventions. It is concluded that the responsibility of the doctor is not absolute by virtue of the actions that take place in the midst of the complexity and the number of individuals that today participate in patient care.Item Elementos del derecho médico(Universidad Santiago de Cali, 2020) Jojoa Pinchao, Leny Andrea; Rincòn Andreu GerardMedical law ─being a special field of law─ seeks to show the area concerning the legislation included on the medical practice, involving ethics as an essential factor. To develop this topic, it is necessary to define the elements that distinguish medical law. To do so the next questions are going to be answered throughout the text: Which are the specific elements that form medical law? How should the physician-patient relationship be? It is also important to divide the subject into three sections: the first one on the theoreticalconceptual description, and, therefore, the delimitation of the elements of medical law; then, in depth, the physician practice and the doctor-patient relationship will be studied; and lastly, the applicability and relationship of the elements in the medical-legal field. To achieve this goal the methodology is based on the study of a subject that is not studied in depth, through the compilation of studies that approach the subject. Then, it is theorized, and later a postulate is proposed about the elements of medical law. This will allow the reader having a broader view of the fields associated with medical law. These are fully relevant and worthwhile, considering legal problems in the activities of health care practitioners; even more so, given the statistics that show an increase in lawsuits due to medical liability. Additionally, due to the situation of the present health emergency by COVID-19, a mention of the current scenario will be made, as well as a possible behavioral approach to the pandemic and the reaction of the Colombian healthcare system.