Abstract

ARIZA FORTICH, Alma. MEDICAL LIABILITY AS A DANGEROUS ACTIVITY: A CASE STUDY IN THE JURISPRUDENCE OF THE COLOMBIAN SUPREME COURT Of JUSTICE. Vniversitas [online]. 2013, n.126, pp.15-37. ISSN 0041-9060.

On April 11th 2012, the Colombian Supreme Court of Justice qualified as dangerous activities the provision of medical services, even though it also established the parameters according to which this type of activities should be evaluated and in which the presumption of guilt is included. The fact that the execution of medical services must comply with such guidelines supposes a change regarding the way jurisprudence has so far evaluated this regimen. Consequently, and by way of a methodology mainly centred on the analysis of the jurisprudence of the Supreme Court and particularly on the ruling aforementioned, the present research paper intends to show that notwithstanding the way medical activities were qualified in the ruling, the regimen regarding them continues to enclose subjective responsibility and the presumption of innocence.

Keywords : Medical liability; dangerous activities; attribution factors, fault; Medical Liability; medicine as a profession - Legal; legal liability; risk factors; Colombia.

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