Tipificación de la mala práctica médica en el Ecuador

Abstract:

Medical malpractice is not criminalized in the Penal Code of Ecuador. The National Health System user rights require protection, but also the medical professional ones. It tries to expunge the subjective elements contained in the legislation to the most, so that the facts speak for themselves. For this, medical care is divided into several levels, depending on the degree of complexity and inherent risk of medical act of each level in an objective way, resorting to the procedures, protocols and algorithms and, in general, standardized and mandatory standards for the doctor in each case. It states that the Medical Malpractice Act always has a culpable and not intentional nature, that the actions of the doctor must be free of constraints and pressures from the patient or others and that they must have the necessary and sufficient resources to do their work. Some violations such as non-therapeutic abortion, not themselves constitute medical malpractice cases -even if they use resources of this science- but that are already criminalized in the Penal Code.

Año de publicación:

2015

Keywords:

• Medicina
• Legislación
• NEGLIGENCIA MÉDICA

Fuente:

rraae