La responsabilidad extracontractual del Instituto Ecuatoriano de Seguridad Social (IESS), ante la carencia de medicamento en enfermedades catastróficas Cáncer

Abstract

The present research has as objective identify the elements of the extra contractual responsibility of the Ecuadorian Institute of social security (which from now on will be referred as simply as IESS), given the lack of medicines for people with cancer as well as what’s their responsibility and fair integral reparation to the victims in front of the deficiency of this public service. A qualitative method was implemented to analyze if the IESS has complied with their obligation of deliver all the medications to people whose suffer from cancer, which leads me to identify the situation in which the health service finds provided by the IESS, in addition, a doctrinal approach will be included that allows us to have a greater notion about the extra contractual responsibility of the IESS and the fair comprehensive reparation, identifying this content through a logical examination and systematic of the information obtained in the regulations, doctrine and jurisprudence. As a result, was determined the responsibility extra contractual responsibility of the IESS due the constant lack of medicines for catastrophic diseases, since the concurrence of the three essential elements for responsibility was identified (the lack or the deficiency of a public service or any other provision to which the individual has the right, qualified damage and the existence of a causal link between the qualified damage and omission or action of the public administration or the harmful fact that violates the right), It was also established what the reparation would be, suggesting that there should be a only regulatory body that regulates the extra contractual responsibility of the state where it better regulates the elements and their correct repair.