Implicaciones jurídicas en la responsabilidad civil contractual y extracontractual referida al acto médico quirúrgico

Abstract

This document, proposed to reflect on the civil liability arising from the medical act and its obligation to account to society for the consequences of these events. The methodology was of bibliographic or webgraphic type, being consulted sentences and doctrines of the high courts and some authors who have analyzed the subject. The main results are: the growing demand for civil liability for health science professionals; In particular, it has been the Supreme Court of Justice that has promulgated several judgments in this regard; in the contractual responsibility of the medical act in surgery, guilt is a predominant factor; and, the imputation based on the fault of the responsibility of the doctor, is a developing issue in the model of contractual responsibility. They are conclusions: as a general rule, medical responsibility has become a responsibility of means and not of result; the applicable fault regime is that of proven fault, the burden of the dynamic test being; the Colombian legal system requires responding to the person who caused the damage and whoever seeks economic compensation proves the fault.