Maestría en Derecho Médico

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Análisis jurídico de la atención integral del cáncer infantil en la ciudad de Popayán desde el año 2019 al 2023
(Universidad Santiago de Cali, 2023) Meneses Mosquera, Alicia
Pediatric cancer, one of the leading causes of mortality among children and adolescents globally, has seen improvements in survival rates due to advancements in diagnosis and treatment, according to the WHO. The study aims to analyze the comprehensive care of pediatric cancer in Popayán, with a focus on mapping the current regulations in Colombia on this matter. It addresses the identification and tracking of regulations related to pediatric cancer care, as well as the functioning of the healthcare system in these cases and governmental progress in information and coverage. The research also delves into the analysis of legal decisions related to pediatric cancer cases, seeking to understand how the General System of Social Security in Health (SGSSS) handles these cases and what recurring issues exist. Finally, an assessment is made to determine if Popayán has the necessary conditions, both in hospital facilities and in local and national regulations, to effectively address cancer cases, especially in children. This is considered a highly complex health issue that requires prompt treatment and efficiency from local health institutions.
El consentimiento informado en la determinación de la responsabilidad médica en cirugías estéticas
(Universidad Santiago de Cali, 2024) Arboleda Quintero, Afrania
The 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.
Eventos adversos en la atención del servicio de salud, presentados al interior del hospital central de la policia de colombia, entre los años 2015 al 2019
(Universidad Santiago de Cali, 2024) Cortés Poveda, Edwin Zamir
The scarcity of research on adverse events at the Central Hospital of the National Police (HOCEN) in Bogotá D.C. has motivated this study, aimed at analyzing the distribution and nature of these events occurring between 2015 and 2019. The goal is to contribute new academic knowledge to support the development of tools aimed at improving the quality of healthcare services provided to over 608,144 affiliates. The lack of research impacts the formulation of Health and Safety policies for patients, affecting their medical care. Presenting this information allows the entity to design plans to promote patient well-being and reduce risks for staff.The methodology employed is mixed, observational through a descriptive study, with retrospective temporality that combined quantitative and qualitative approaches. Statistical tools are used to analyze patterns and trends, while qualitative research focuses on examining the underlying causes of adverse events. Data is obtained from quarterly digital reports, preserving patient confidentiality. Results reveal various categories of recurring failures, especially those repeated in all periods, representing a significant percentage of the total adverse events recorded. Additionally, a significant distribution is observed according to work shift and the age of the affected individuals. Events are classified according to their causality and severity, highlighting the importance of comprehensive patient safety management. This research is crucial for improving the quality and safety of medical care, benefiting both the Central Hospital and medical care in the Colombian public force in general by providing a unique and extensive reference.
Analisis de la posición de garante del médico en la sentencia sp 8759 del 2016 de la corte suprema de justicia sala de casación penal, bajo una perspectiva de la responsabilidad del equipo médico
(Universidad Santiago de Cali, 2024) gonzalez marquez, Claudia eliana
This research article aims to critically analyze the reasons and foundations of the Supreme Court of Justice regarding the position of guarantor of a pathologist, it will be a basic research, reviewing the literature available in the databases, Google Scholar, Dialnet , v/lex to obtain the available literature on the responsibility that has been established so far and the forms of derivation of responsibility in the care process of the medical group, within the framework of qualitative research, make a critique of the position of guarantor, reviewing the scope of the principle of trust in the delegation of functions, the role of the treating physician or team leader and also their responsibility for their errors. Additionally, the forms of delegation of work and responsibility in health care teams are reviewed, in their horizontal and vertical forms, expanding the concept of supervision or supervigilance that can be applied to the leaders of care teams. in order to demonstrate the extension of the position of guarantors to all members of a group involved in the patient care process and the scope of the limitation of responsibility under the principle of trust
Responsabilidad patrimonial del estado por la falta de seguimiento a prematuros con oxígeno domiciliario tras egreso de una UCI neonatal
(Universidad Santiago de Cali, 2023) Vergara Ortiz, Karen; Obando Obando, Brajhan Santiago
This article is an analysis of the responsibility that derives for the Health Institutions, due to the omission in the follow-up of premature infants with home oxygen support after discharge from the neonatal intensive care unit, a highly complex issue for the pediatric Lex Artis. and for Medical Law itself. The method used is qualitative. A documentary analysis was made that included clinical studies and sentences of the Constitutional Court and the Council of State, following the guidelines of the PRISMA model for its selection and inclusion. The findings show that more than 60% of oxygen-dependent children were discharged without a structured follow-up plan, putting the health and integrity of the premature baby at risk. Therefore, the hypothesis is defended that this is the criterion in which the duty to repair the damage caused by omissions in this type of medical care is framed
Análisis jurisprudencial en torno al acceso a tecnologías no incluidas en el plan de beneficios en salud con cargo a la UPC
(Universidad Santiago de Cali, 2022) Cañas González, Jorge Eduardo; Cano Sterling, Andrés Felipe
The normative progressivity to the health system seeks to promote user accessibility to technologies and services for their care, but it is necessary to analyze whether the implementation of said regulations to technologies and platforms apply these principles or if, on the contrary, the policies adopted by the agents that intervene in the system favor access obstacles. The Honorable Constitutional Court has ruled that there are technologies and services that, although they do not have a therapeutic impact, guarantee that the patient has a better quality of life. But such accessibility would omit criteria such as the exhaustion of therapeutic possibilities contemplated in the PBS, relevance, among others. These technical criteria must be observed and should not be taken as access barriers to be overcome through the tutela action, which leads to a debate in which principles and the protection of rights will always prevail, without the possibility of assessing the technical aspects before the urgency of the terms of the guardianship. Under the premises or sub-rules set forth for the recognition of inputs and services not included in the health benefits plan charged to the capitation payment unit (NOPBSUPC), budget ceilings and maximum budgets assigned to Health Promotion Companies have been adopted. Health for the management of these technologies, as well as those covered by a guardianship ruling, but the high demand for these has led to a lack of financing that could become an access barrier due to the possibility of causing a financial imbalance that would have repercussions on the system
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 Alfonso
This 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 Quindío
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).
Incidencia determinante del acto médico en la (ive), bajo circunstancias especiales y voluntarias de la víctima menor de 14 años de delito sexual, atendidas por el instituto nacional de medicina legal y ciencias forenses, periodo 2013 a 2016 en el valle del cauca”
(Universidad Santiago de Cali, 2019) Dazal Cabal, Sara Alicia; Yantèn Cabrera, Diego Fernando
Eficacia probatoria de las historias clínicas en los procesos judiciales que implican responsabilidad por muerte neonatal
(Universidad Santiago de Cali, 2020) Murillo Mosquera, Maricel; Daza Arana, Jorge Enrique
The obstetric-gynecologist (OBGYN) specialist and the personnel involved in the care of the newborn, can be legally liable in cases of neonatal death; in the medical record all the exams, assessments and procedure descriptions must be recorded, this document is private and therefore constitute documentary evidence as part of acquis in all types of legal proceedings. The general objective: identify the evidential efficacy of the medical records in the legal proceeding that imply responsibility for neonatal death in Colombia. Methodology: casuistry was performed with analysis and interpretation of sentences for lawsuits with medico-legal implications in OBGYN for neonatal death. Results: in one of the cases, the mother visited the health center (EPS) in five different occasions without providers foreseeing the existence of the cephalo-pelvic incompatibility of the fetus. In the second case, an ultrasound taken a month earlier with obvious evidence of coiling of the umbilical cord in the uterine cistern is not taken in consideration and after fail inductions, a cesarean section was performed but the neonate did not survive; there are clear failures in the care provided so a lawsuit is filed and eventually obligates the defendant to compensate the accuser for damages. Conclusions: The medical record as a probative document leads the judges and the different jurisdictional bodies to detect flaws in the care process, even when the mother-child pair have an unregistered pre-existence and find it difficult to establish the causal link, with the cognitivemodel the judicial truth is established by protecting the rules of the burden of proof and sound criticism.
Elementos del derecho médico
(Universidad Santiago de Cali, 2020) Jojoa Pinchao, Leny Andrea; Rincòn Andreu Gerard
Medical 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.
Normas que reglamentan la historia clínica
(Universidad Santiago de Cali, 2020) Tenorio Rosas, José Luis; Murillo Amaris, Edwin
Principios del derecho médico
(Universidad Santiago de Cali, 2020) Maya Ayubi, José Eduardo; Murillo Amaris, Edwin
The purpose of this chapter is to provide the health professional with a pedagogical guide on those guiding principles on which medical activity is developed in its constant and direct relationship with the patient. In an organized and schematic way, those preferential and mandatory principles by health personnel are highlighted, seeking to contribute to the correct development of the profession and maximum satisfaction for the user (patient); in addition to the lower rate of claims and investigations for institutional and professional responsibility. Particular emphasis is given to the ethical principles of the profession, to the principles of the relationship between the health professional and the patient and to the principles that correspond to quality in the provision of the service. Addressing the guiding principles of medical law in three particularities generates in the reader the tranquility of contemplating three different episodes, which is why, when differentiating them, the health professional will appropriate each one taking into account their vocation, their spirit of service and the Social rules duly considered for the welfare of the patient and public health in general. The doctor, the specialist, the therapist, the instructor, the nurse, the assistant and even the lawyer and the psychologist (lawyer, psychologist in palliative care) are obliged to respect these postulates, in addition to assuming each of them in their daily management as an integral part of the patient's direct and indirect care with respect to his family (palliative care)
Aspectos jurídicos en torno al procedimiento de la eutanasia en Colombia en el año 2018
(Universidad Santiago de Cali, 2020) Arboleda Bonilla, Jennifer; Guerrero Moreno, Álvaro Alfonso
Euthanasia is a practice that has developed since the beginning of civilization. It is a procedure that terminates an individual's biological functions for the purpose of eliminating suffering or pain that cannot be effectively treated. This procedure is carried out after the express manifestation of the will of the passive subject. In that order of ideas, the present article contains a series of reflections about the elements that configure this practice and, specifically, those of a legal nature. In Colombia, this issue has been the subject of debates that are frequently revived. 3 The arguments for and against it have guided both the legislator and the Constitutional Court in a series of actions that today shape the regulation of euthanasia as a practice charged with pity and compassion for those who suffer. The objective of this article is to show the importance of these debates and the way in which the Colombian legal system assumes euthanasia as a compassionate act. The main conclusion of this research task is that the right to life and the principle of human dignity must be present in any analysis of euthanasia and assisted suicide. It is from the understanding of these two concepts that the actions of the State in relation to the various cases in which euthanasia and suicide are investigated are constituted
Responsabilidad estatal y los fundamentos de imputación para endilgar mala praxis médica obstétrica
(Universidad Santiago de Cali, 2020) Tenganá Diaz, Fernando Javier; Bernal Álzate, Jaime
The right to health is essential for the promising development and safeguard of humanity in terms of legal and medical concerns. Biomedicine, biotechnology and bio-medicine; they advance according to the dynamics and social demands; with the intention of protecting or preventing any impairment that arouses the medical responsibility derived from the damages in relation to the provision of the health service. With regard to medical responsibility in the obstetrics service, there is no clear path on the part of administrative jurisprudence, so the main objective is to analyze which are the imputation criteria for structuring the patrimonial responsibility of the State according to the jurisprudence of the Council of State when harm is caused to the mother or to the one who is about to be born by a gynecological - obstetric malpractice, from a protectionist perspective, to guarantee an adequate attention to the woman who is in a pregnant state.
Tensión entre el derecho del paciente terminal a morir dignamente y los límites a la praxis médica en Colombia.
(Universidad Santiago de Cali, 2020) Lastre Álvarez, Diana Patricia; Zapata Bonilla, Gilberto Hernán
The Colombian legal system has conceived human dignity as a manifestation of the right to life, which aims not only at the preservation of life, but at the full exercise of rights and vital functions that must be safeguarded at all times and moments, a matter At the time, Judgment C-239 of 1997 was considered as a weighty argument in light of the constitutional dynamics, to endorse the euthanic procedure as lawful and legal conduct, however after the issuance of Law 599 of 2000 - Code Criminal-, euthanasia was again prohibited by the legislator. Despite the above, the medical ethics standards that emanate from Law 23 of 1981 prevent as part of the physician's function to ensure the life of the patient in suitable conditions, which includes dignity and preventing unnecessary suffering, which in the case of diseases and incurable, can be mitigated through the euthanic procedure, which generates a tension between the value principle of human dignity, the right to life and health with the positive norms of the legal system, apart from the positions found in the practice of medicine; aspects that generate tensions in the patient-patient relationship and that therefore require an in-depth study from medical law, to formulate tentative theoretical responses to one of the most complex situations, such as disposing of human life
Reflexión del consentimiento informado a partir del consejo de estado en la responsabilidad médica
(Universidad Santiago de Cali, 2020) Paris González, Diana Catalina; Hoyos Hernández, Eibar Elí
The Informed Consent is one of the most significant changes in the recent history of medicine, since around this; the dynamics of the patient medical relationship change its paradigm. This research study focuses on conducting a jurisprudence analysis of the Informed Consent in the non-contractual medical responsibility of the State from 2015, therefore proposes to determine the national and international background of the state; the regulation of informed consent in Colombia and its international background was analysed. It is also intended to establish the probative dynamics, as a burden of proof, in the State Council from 2015 to 2019. The method used for this research is qualitative descriptive, it is taken as shown the Jurisprudence of the State Council Subsection Third taken from the Vlex database from 2015 to the date where the consentim converges...
Exclusión del paciente con enfermedades huérfanas del sistema general de seguridad social en salud
(Universidad Santiago de Cali, 2020) Ortega Guerrero, Cesar Bernardo; Nuñez Monntes, José Rodrigo
Orphan diseases affect a large part of the world population, bringing with its difficulties in the social and family environment of those affected; this being a public health problem. Noting also that they are diseases that generate high costs. This article has as a general objective: to determine which are the legal or normative gaps in the General System of Social Security in Health in Colombia that generate exclusion for patients diagnosed with orphan diseases for their treatment and diagnosis. Method: descriptive and exploratory from the literary compilation, thus highlighting the existing gaps for these orphan diseases, hereafter called HD. Results: despite the fact that they are diseases that require comprehensive care, treatments and medications are not included in the health system, which hinders accessibility to efficient and timely care. Colombian jurisprudence has gaps in the applicability of legal guidelines for the treatment of HD. Conclusion: Orphan diseases have an impact on the health and social costs that alter the quality of life of patients and their families, therefore, there is no quality user-centered care.
Generalidades en la exoneración de responsabilidad jurídica en la cirugía estética sujeta a la obligación de resultados
(Universidad Santiago de Cali, 2020) Hidalgo Díaz, Jorge Andrés; Sepúlveda Quintero, Daniel Humberto
Valle del Cauca, to start with, is a frequent destination in terms of cosmetic surgery, however, the frequency of these interventions, in addition to making the region attractive for this type of tourism, also generates adverse responsibilities in what has to do with medical practice of this nature, that sometimes doctors are characterized by ignorance of the legal in the practice of praxis, from situations as basic as the obligation of information, the detail and adjustment of informed consent, the explanation of procedures, among others, , they do that the surgeons without even having the intention, carry out a damage and therefore they are saddled with the responsibility of the same and the legal consequences corresponding to their occasion; Hence, what this document seeks is to identify the causes of absence of responsibility civil, criminal and ethic-medical of the cosmetic surgeon in Colombia regarding the procedures subject to the obligation of result in order that this navigation chart allows cosmetic surgeons to obtain relief from said needs
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 Carlos
This 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.

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