Análisis de la mala praxis médica en la legislación ecuatoriana.

Abstract

When analyzing the legal regulations regarding medical professional liability under Ecuadorian law, it is found that liability for malpractice is only considered if the person dies as a direct result of such malpractice. This means that people who suffer consequences such as psychological effects, partial disorders affecting motor abilities, physical conditions or other complications are left in a vulnerable position. From a legal point of view, the application of Article 146 of the COIP for cases of medical malpractice resulting in the death of the patient is viable and supported by law in Ecuador; however, its application can be complex due to the technical nature of medicine and the different circumstances that can affect medical care. While it is true that Article 152 of the COIP typifies injuries resulting from professional malpractice, it also limits the typification of permanent injuries caused by medical professionals' malpractice under the criterion of safeguarding the patient's health. To better understand this situation that affects the quality of the public healthcare system and people's rights, a judicial ruling involving a case of medical malpractice resulting in significant damages to the affected person was reviewed