bachelorThesis
El hecho culposo punible y la actividad médica
Fecha
2017Autor
Flores Guapisaca, Ana Carolina
Institución
Resumen
Ecuador´s 2008 Constitution incorporates in the article 54 the civil, as well as the penal responsibility for those who, when exercising their profession incur in bad practice. Especially, it refers to those professions that put at risk people´s integrity or life. Among those professions, medicine is one who excels since it bears risks and situations that are beyond the doctor´s control, and to which patients are exposed.
Based on this situation, this assignment seeks to analyze the infringement of the objective duty of care in the exercise of Medical Activity. Its purpose is to establish the limits of professional performance of medicine, and to determine whether its action could constitute a punishable wrongful act. Since the penal type established in the article 146 of the Integral Organic Penal Code has concepts that are not defined in this legal body, the judge in exercise of the faculties that the Organic Code of the Judicial Function confides him in the article 28 can turn to the different rights´ sources to interpret the content of the mentioned article. Hence, it becomes relevant to analyze the reach of the medical responsibility and the elements of the objective imputation considering that only the production of the result (death or injury) is not enough for the doctor´s imputation.