Responsabilidad estatal y los fundamentos de imputación para endilgar mala praxis médica obstétrica

Abstract

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.