Responsabilidad penal del médico por mala práctica profesional tipificada en el Código Orgánico Integral Penal

Abstract

The development of this topic concerning Criminal Responsibility for Medical malpractice shows when a health professional should be held criminally responsible for the bad practice of their profession, considering that the health and life of human beings is what lies at risk to violate the objective duty of care to which they are bound.

This study analyzed the scope of the offense relating to negligent by malpractice murder, study the circumstances set forth in Art. 146 of the Criminal Comprehensive Organic Code, in order to determine if this article is intended to harm or not the doctors, or whether it could be considered as a protective shield for both professionals and patients. Infringement of objective duty of care by the practitioner can not only cause the death of his patient, but can also cause damage, so it is addressing the criminal consequences resulting thereof, as provided in Art. 152 the COIP.

Whereas at present is not one doctor who is responsible for the care and attention of the patient, an investigation of the medical team, division of labor and responsibility for them in the various activities is performed.

Finally, a study of the importance of the test, including the proper development of the history, is performed to determine if the medical professional has incurred criminal responsibility.