Abstract

STEELE GARZA, Jose Guadalupe  and  CHINCHILLA ONATE, Carmen. Reflections on the need to strengthen the culture of conciliation and medical arbitration in Colombia. Justicia [online]. 2020, vol.25, n.38, pp.13-24.  Epub Oct 01, 2020. ISSN 0124-7441.  https://doi.org/10.17081/just.25.38.4366.

The medical conflict has been present in the history of humanity from the oldest cultures, which has generated constant imbalance in doctor-patient relations, who by tradition, have to face extensive procedural debates before the judicial authorities to unleash their controversies. It is not a secret that courts are saturated and, several times, a favorable result that balances relations between the parties is not reached, causing a greater distancing between the practice of medicine and society. We must then resort to another instrument of constitutional justice, based on Conflict Resolution Methods, in order to respond positively to the expectations of the parties at the extremes of the conflictive relationship from medical activity and the provision of health services, that manages to decongest the administration of justice and, in addition, to generate the definitive solution to the mentioned problem.

Keywords : administration of Justice; arbitration; aternative Methods of Conflict Resolution; conciliation; medical conflict; medical responsibility.

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