Abstract

LOPEZ OLIVA, José. THE GUARANTEE OF PATIENT'S HUMAN RIGHTS THROUGH CONSTITUTIONAL LAW, CONSTITUTIONAL PROCEDURE, AND TORT LAW. Prolegómenos [online]. 2014, vol.17, n.34, pp.53-77. ISSN 0121-182X.  https://doi.org/10.18359/dere.796.

Between the healthcare provider and the user of medical service, a legal procedure is concluded in which there may occur damages that vulnerate the patient's right. Such events are harmful to the user, due to the negligence of the healthcare provider; with the objective of preventing, penalizing or repairing the injuries caused to the victim, constitutional and legal actions are established. The protection, group and compliance actions, and the tort law, tend to guarantee the right to the truth, justice and integral reparation of the damages caused by the adverse event. The objective of the research is to demonstrate that through constitutional actions and the tort law, the patient's rights can be guaranteed. This demonstration can be done through a bibliographical study of revision, using the qualitative focusing.

Keywords : Patient's rights; adverse event; constitutional actions; tort law; punitive damages; integral reparation.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )