La mala práctica médica en el Ecuador: código penal (1938) y código orgánico integral penal (2014)

Abstract

Medical malpractice from the antiquity and according to each era caused pressure to the galenos within their functions, although this legal figure is presented within our criminal legal system in the year 2014, in remote times already regulated this criminal type with different types of sanctions according to the severity of the damage and to each legislation.

And what happens when this criminal type enters into force in Ecuador? the doctors begin to generate marches giving out the protests and nonconformity with respect to the new implementation of article 146 in the COIP when feeling threatened and pressured in their works, feeling some homicide by the fact that their functions were regulated by a penal norm and that since then their form of work had to be with a degree of responsibility totally diligent to avoid harmful results.

Despite debates and disagreements this article remains within the content of the Integrated Criminal Code and nowadays there are already some cases of medical malpractice being investigated, a few concluded, however, there are still many questions as to its form to judge, prove and establish the respective penalty.