Análisis jurídico del caso de juzgamiento a Jenny Rosario Peñaloza Carrillo por el delito de lesiones por mala práctica a una menor, en la parroquia Iñaquito del Distrito Metropolitano de Quito, provincia de Pichincha, año 2019

Abstract

The general objective of this degree work is to analyze case No. 17294-2017-01300 of the Jenny Rosario Peñaloza Quito trial for the crime of Injuries due to medical malpractice and thus understand when a doctor violates the objective duty of care and is responsible for the harmful results that is generated in the patient; analysis that is carried out through the analytical method, since it begins with a recount of a doctrinal nature to understand the various concepts that encompass culpable crime and its related institutions, as well as the evolution of criminal law established in the COIP for later; delve into an exegetical analysis as we compare the positive criminal legal norm with the case under study with its own particularities such as: testimonies, documents, expertise, etc ... in order to understand the positions or theory of the case that the parties handled procedural and that in the end the court issues the sentence with respect to a normatively but not dogmatic assessment on the violation of the duty of care. Finally, the act of the taxpayer, such as the abandonment of the patient within an operating room, constitutes the central element for such an offense to be configured, so comprehensive reparation to the victim is configured as an important element of the sentence imposed by the judge. in order to protect the rights of the victim that our constitution promotes