Evolución jurisprudencial en la responsabilidad patrimonial del estado por infecciones adquiridas en atención en salud (IAAS) en ausencia de conducta negligente

Abstract

Based on the qualitative methodology, with an explanatory approach and an interpretative scope, the jurisprudential and doctrinal analysis is carried out, trying to answer the question: what is the type of regime applicable in the patrimonial responsibility of the State in cases of nosocomial infections ( IAAS) when there is no fault and if perhaps these can be covered by an insurance contract? Interpellation that arises when the health institutions comply with the requirements demanded by the national policy of patient safety; issue that has advanced from the application of the theory of subjective responsibility where the fault must be borne by the victim, to implement an objective liability where it is enough to demonstrate the damage and the causality link; all with the intention to protect the victims of this legal relationship. Comparative law in countries such as France and Spain have been characterized by allowing the amalgam of legal civil liability and insurance to timely repair the victims of nosocomial infections (Reglero, 2003); methodology used by the State Council, which visualizes raising the level of protection to the victims as a result of damages caused by intrahospital infections to avoid the leakage of economic resources for this cause to the health system, through the implementation of the theory of joint and several liability , community or distributive