La responsabilidad patrimonial del Estado por la falla en la prestación del servicio médico asistencial en relación con acto médico, acto jurídico y hecho jurídico

Abstract

The present document, a descriptive research product that will be developed below, aims to publicize the patrimonial responsibility suffered by the State for the failure to providemedical assistance in relation to a medical act, which will be studied through a jurisprudential development with a social perspective, on the occasion of decisions made by the Honorable Council of State, where it is possible to identify the medical responsibility of the State, the structuring elements of medical responsibility, the objective responsibility of the State in the medical field, the means of evidence in the trials of medical responsibility of the State and some hypotheses analyzed by the Council of State in base to its pronouncements. This is due to the fact that the Colombian State, being a guarantor and a health service provider, involves certain fundamental rights contemplated in the Constitutional framework that is how in medical practice it can generate an unlawful damage that may or may not be condemned by our legal system.