Tipificación del delito de homicidio culposo por mala práctica profesional en el Código Orgánico Integral Penal Ecuatoriano.

Abstract

A review of the legislation on the criminal liability of medical professionals in Ecuador shows that it is only considered medical negligence when the result is the death of the patient. This implies that those suffering from outcomes such as psychological problems, disturbances affecting motor skills, physical injuries or other difficulties are in a vulnerable situation. From the legal context, the attention of Article 146 of the Código Orgánico Integral Penal [COIP] is valid in cases of medical negligence resulting in the death of the sick person, as it is protected by Ecuadorian law; however, its implementation in circumstances can be complicated by the skill of medicine and to the various situations that influence the medical service. Although Article 152 of the COIP also sanctions contusions derived from medical negligence, it limits the classification of these permanent injuries with the right to protect the health of any sick person.