Abstract

VERGARA ORTIZ, Karen; SANTIAGO OBANDO, Brajhan  and  MURILLO AMARIS, Edwin. State Patrimonial Liability for the Lack of Follow-up on Premature Infants Receiving Home Oxygen Therapy after Discharge from Neonatal Intensive Care Unit. Prolegómenos [online]. 2023, vol.26, n.52, pp.25-42.  Epub Dec 15, 2023. ISSN 0121-182X.  https://doi.org/10.18359/prole.6486.

This research aims to determine the responsibility arising for healthcare institutions due to the omission in monitoring premature infants receiving home oxygen therapy after being discharged from the neonatal intensive care unit, a topic of great complexity within pediatric medical practice and medical law. To achieve this, a jurisprudential review between 2018 and 2022 of the Council of State's rulings on state medical liability will be conducted, focusing on the criterion of imputation of service failure. The hypothesis defended is that this criterion could be used to frame the obligation to compensate for damages caused by omissions in this mode of medical care. The research methodology is dogmatic, qualitative, and deductive, starting with the analysis of a clinical factual problem through jurisprudential and doctrinal review of healthcare law and administrative law.

Keywords : Medical Liability; Jurisprudence; Premature Infants; Orphan Disease; Loss Of Opportunity.

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