Abstract

TAMARA P, Liliana Marcela; JARAMILLO S, Sofía Helena  and  MUNOZ P, Luis Eduardo. Forensic Expert Report on Alleged Medical Liability in Bogotá. Rev. colomb. anestesiol. [online]. 2011, vol.39, n.4, pp.489-505. ISSN 0120-3347.  https://doi.org/10.5554/rca.v39i4.180.

Background. Information on medical liability lawsuits is critical for the formulation and implementation of policies, programs and actions pertaining to patient safety. There is no systematic information at present in the Colombian health sector regarding adverse outcomes resulting in professional liability lawsuits. Objective. To characterize the cases of alleged professional liability analyzed in the Bogota Chapter of the Clinical Forensics Group of the National Legal Medicine and Forensic Sciences Institute of Colombia between 2006-2010. Methods. A descriptive, uni and bivariate analysis of the forensic expert reports available was conducted. Results. Information was gathered for 402 cases. 77 % occurred in Bogota, 69.2 % were associated with women, the mean age was 36.4 years, and the private healthcare providers accounted for 52 % of the total. 80 % of the lawsuits were filed against the State and directly against the practitioners, and 59 % were criminal cases. The percentage of medical specialties involved most frequently was distributed as follows: 41 % in obstetrics and gynecology, 45 % in other surgical areas, 6 % in clinical areas and 5 % in pediatrics. The most frequent diagnoses were: fetal death of unexplained cause, accidental puncture or laceration during a procedure. 45 % of forensic reports were prepared by clinical or surgical specialists. The conclusion in 225 reports was that the case was the result of a complication, whereas in 165 the conclusion referred to a deviation from standard practice.

Keywords : Malpractice; criminal liability; damage liability; forensic medicine; safety.

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