Análisis de la doctrina y jurisprudencia colombiana en el área penal sobre responsabilidad médica.

Abstract

This document discusses the medical responsibility in criminal matters; when a doctor responds by damage that may cause a patient as a result of fraud (where the harmful result they wanted) or the fault if it is that it has occurred by negligence, imprudence or inexperience. Is up to the State to undermine the presumption of innocence and prove without a doubt that the doctor consciously acted against law. The consequences when there is a conviction, and the doctor who has incurred guilt can continue enjoying a precarious freedom, but this obviously not will alleviate their situation, because it the sentence dictated leads safely to the prohibition from exercising their profession for a period of time and the obligation to repair economically to the victim or their families in amounts determined by the judge. Although there are no specific laws that framed the professional responsibility as crime, doctrine and jurisprudence on the subject determines the implications that the medical activity has already had the judicial decisions in Colombia is in the criminal, civil, ethical, disciplinary and administrative area. With the increase in medical malpractice lawsuits is very urgent to adjust the professional exercise of the medical legal regulations in force, because ignorance is not an excuse for its adequate compliance or a valid defence in the face of a medico-legal demand.