Abstract

GAVIRIA-CARDONA, ALEJANDRO. The Last Interpretation of The Fact of The Victim and Its Incidence in The Liquidation of The Damage. Rev. Derecho Privado [online]. 2017, n.33, pp.251-263. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n33.10.

Judgment SC-16690 of 2016 of the Civil Chamber of the Supreme Court of Justice condemned medical institutions for negligence in the treatment provided to a newborn, but, because their parents delayed the search for medical care, reduced the amount Compensatory to 70 % and abstained from condemning the loss of profit for lack of certainty. The actions of the parents, in front of their children, do not configure the fact of the victim, but the solidarity. With regard to loss of profit, it is perfectly logical and reasonable to understand that, when he turns 18, he will begin his productive life.

Keywords : Strange cause; fact of the victim; reduction indemnification; loss of profit; certainty.

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