Implicaciones de la responsabilidad civil contractual y extracontractual en el área médica.

Abstract

Medical law within the civil scheme is an area that has started to gain great impact worldwide, therefore, given the increasing interest it has arisen, we are starting to wonder: Why hasn’t Ecuador shown a strongly marked progress in the sense of acquiring deeper development in medical-legal issues? Within a country, in which there has been countless cases that evidence the presence of irreparable vulnerabilities of human rights for its victims, the position that our country has maintained throughout the years, has been identified as "passive-negligent", and despite that responsibility does not fall over the ecuadorian State solely, the chain of actions or omissions in which health professionals and those who exercise rights have incurred, has turned justice into a defective mechanism to oversee rights in an effective way. It is known that both Law and Medicine are sciences that oblige professionals to continuously obtain new knowledge; which is why it is alarming that this issue hasn’t been treated with the necessary importance it deserves. The present work addresses a civil perspective, but not in a criminal sense, due to the extension of the subject to be developed and, furthermore, it aims to provide a clearer idea on the topic. On the other hand, it expects to generate a greater interest and incentive for its future research and development.