Abstract

VASCONEZ MERELO, Vicente  and  CRIOLLO MONTALVO, Kattya Grace. Criminal liability of health professionals in the context of a health emergency. Justicia [online]. 2020, vol.25, n.38, pp.113-126.  Epub Oct 06, 2020. ISSN 0124-7441.  https://doi.org/10.17081/just.25.38.4167.

In normal situations, the activity of health professionals brings with it a range of implicit risks, since success in their daily tasks largely depends on the unpredictability of the human body. That is why, criminal liability can only be attributed when the method or means used deviates from good practices for the particular case, which depends a lot on the provision of resources. However, in situations of health emergency, things get complicated, since the availability of resources is limited and with it the health professional does not have the possibility to proceed as they would in a normal situation. Intuitively, any conscientious citizen might already need that a healthcare professional in these circumstances should not be guilty of the death or injury of their patient; however, the objective of this scientific essay is to provide a legal basis to support that assertion. To achieve this purpose, the deductive research method will be used, which will be assisted by a descriptive and qualitative use of the legal doctrine that deals with the subject.

Keywords : a typicality; health emergency; health professionals; medical resources; legal security; crime theory.

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