Maestría en Derecho Médico

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El papel de responsabilidad en el derecho médico
(Universidad Santiago de Cali, 2020) Tellez Cobo, Victor Manuel; Hernàndez Mahecha, Hector Hernando
The relation between patient-doctor and/or patient-institution in order to establish legal responsibility in Colombia. The essay centers on the general responsibility and the judicial precedent of the Constitutional Court, the Administrative Court and Civil Court, only regarding medical law. We also look at the lex artis (medical protocols), the comprehensive Social Security System and Regulation in the Health Sector in Colombia. Medical responsibility is based in the definition of «medical act» (direct and indirect). There is not a statute or a code specifically regarding medical law, there are a lot of codes in different areas of law, but not properly a code of medical law. Nonetheless, since Health is a fundamental right, all medical and /or institutional responsibility, is analyzed as a fundamental right. The Constitutional Court, is the last Institution for resolving medical responsibility in Colombia (root cause analysis).