Abstract

WOOLCOTT OYAGUE, Olenka. The compensation of victims of medical risks beyond the traditional limits of civil liability. Rev. Crim. [online]. 2015, vol.57, n.1, pp.61-74. ISSN 1794-3108.

This article starts with a doctrinary description of the therapeutic alea or medical risk leading to an identification of the senses it adopts for the purpose of confronting it with medical fault or negligence. In a more specific way, it also aims at outlining a notion of medical error that is beginning to take a position in medical law, despite having been the object of diverse studies in the field of medicine. The objective of this study lies in attempting, from the perspective of compared law, to deal with the problem implied in the medical risk notion for the field of civil liability, which will be addressed through an examination of compared jurisprudence examination that would evidence the steps being taken in various juridical systems, including Colombia's, to extend the rules of liability to the contingency field without prejudice to the acknowledgement of a clear legislative option used to regulate the consequences of what has come to be known as medical accident.

Keywords : Responsibility; compensation for damages; medical jurisprudence; fault; guilt; blame; medical accident.

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