Abstract

GIRALDO GOMEZ, Luis Felipe. The Non-Contractual Nature of Civil Liability for Damages Caused in the Provision of the Public Health Service in Colombia. Estud. Socio-Juríd [online]. 2022, vol.24, n.1, pp.267-298.  Epub Aug 03, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.10148.

This article presents the analysis of the feasibility of applying the rules of contractual civil liability to damage events generated in the provision of the compulsory public health service in Colombia. For this, we will start from the current regulation of the health social security system to establish whether there is a contract between the affiliates and the health system. That is, a voluntary and concrete relationship or, on the contrary, a legal and regulatory relationship. Defining the above is important if the distinction between contractual and extracontractual civil liability is to be considered, in addition to the prohibition in force in the Colombian legal system to arbitrarily choose which of these types of liability to sue. Finally, an attempt will be made to support the thesis that the damages caused in the provision of the public health service must be analyzed under the rules of extracontractual liability and not with those of contractual liability.

Keywords : Civil liability; medical liability; contractual liability; extra-contractual liability; contract.

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