Abstract

GRANADOS FERREIRA, Jackeline. LEGAL-PROCEDURAL INSTITUTIONS FOR THE PROTECTION OF THE RIGHT TO HEALTHCARE. Novum Jus [online]. 2021, vol.15, n.1, pp.161-190.  Epub July 29, 2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2021.15.1.8.

The analysis and study of legal institutions seeks to determine, from a legal standpoint, the degree of responsibility incurred by medical professionals, and establish the level of responsibility in medical malpractice, which is determined from the actions of a health professional or health services provider. To determine these premises, it is vital to understand and define the way in which the attending physician may fulfill his or her commitment and the necessary requirements in terms of responsibility. To do so, it is sought to determine who is responsible for presenting the evidence; the law determined the plaintiff must provide evidence to prove medical malpractice. It is important to understand the cases or procedural stages in which compensable damages can be awarded, or the so-called "loss of opportunity." This work used an analytical descriptive method, which implies the conceptual analysis of each of the components and of the various theoretical elements that make up the conceptual framework on legal procedural institutions, in relation to the protection of the fundamental right to health, from its cause, nature, and effects. This method allows us to learn more about the object of study, with which it is possible to expose, make analogies, and establish new explanatory theories.

Keywords : legal institutions; protection of the right to health; medical failure; burden of proof; Colombian regulations; state responsibility.

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