ImpactU Versión 3.11.2 Última actualización: Interfaz de Usuario: 16/10/2025 Base de Datos: 29/08/2025 Hecho en Colombia
La responsabilidad patrimonial del Estado por la falla en la prestación del servicio médico asistencial. Acto médico defectuoso en las entidades de salud del Estado. -Una visión desde la doctrina y desarrollo jurisprudencial del Consejo de Estado-.
The complexity to entail the study of the liability of Public Administration in medical health, makes necessary to pay attention to certain issues that are particularly relevant and which have been jurisprudentially decanted by the Honorable Consejo de Estado. Thus the present paper develops outstanding and innovatory topics regarding to imputation issues such as the proof of medical fault through the 'res ipsa loquitur' theory and the proof of the causal entail through the preponderant probability theory. Likewise, we were studied various types of wrongful damage that can occur within the medical allowance by the Public Administration, standing out the injury to the right to receive timely and effective care, loss of an opportunity due to not obtaining the informed consent of the patient, which is, in turn, the curtailment of the right to choose submit or not given treatment prior assessment of pros and cons of the therapy suggested by the doctor (principle of no aggravation). In like manner were analyzed somo hypothesis of wrongful damage derived from the error in the diagnosis, failure by the omission of control and surveillance agencies, fails in gyneco-obstetrics, as well as assumptions of objective liability of the Public Administratio due to surgical “oblito”. Finally, we discussed about the innovative therapeutic alea topic with its particular characteristics and possible applicability in the Colombian legal system.