The so-called MEDICAL LAW is a field of specialized legal knowledge, which has recently been acknowledged, nationally and internationally, as an autonomous and independent discipline, due to its evident peculiarities and specificity.

Under this denomination, multiple legal realities are included. As a common element, the fact of being originated in the medical activity, either by the individual professional exercise or by the institutional care service. Obligatory reference of MEDICAL LAW in Colombia is the study of the environment in which the national health activity takes place, its regulatory, administrative, and financial conditions; aspects related to the legal bond known as the doctor-patient relationship and its consequences from the ethical, contractual, and liability point of view; the different possible relationships between the agents that make up the Social Security System in Health, to mention just some of the interesting issues that constitute our legal strength in this new area of law.

Legal responsibility

The doctor, in his behavior as such, assumes not only a high ethical and social responsibility, but also an unavoidable legal responsibility, for which the responsibility of the doctor in the field of Criminal Law is of great importance.

Negligence

Negligence has been a kind of omitive conduct, which is opposed to the rules that require a certain diligent, attentive, and capable action. Negligence or poor medical practice is used to describe carelessness and inattention, not doing what is due and as a result of which the patient’s health is harmed.

Imprudence

Imprudence consists of a positive behavior when carrying out an action that had to be refrained from executing due to the possibility of causing damage or danger. Imprudence is evident when here is a lack of foresight of the foreseeable. It applies to doctors when they cause harm as a result of their hasty action and without the care of science and medical experience that must be taken into account when treating sick people.

Technical inexperience or incapacity

The incompetence or technical incapacity for the exercise of the medical profession can be total, when the one who commits it, lacks the professional condition that is required; or coarse, when despite being trained for the performance of the profession, it poorly uses or does not use the scientific-technical knowledge required in the procedure it performs, in such a way that it causes injury or death to the patient.

The professional’s level of experience, the state of medical science and technique at the time the procedure is carried out, and the possibility of applying that knowledge or not in the circumstances of the specific case, must provide the key to this delicate aspect of determining responsibility of the doctor in his proceeding due to malpractice.

Non-observance of regulations

Non-observance of the regulations occurs when the physician fails to comply with the measures imposed on him on a mandatory basis, both in the general and specific regulations, from which the non-observance of a responsibility may arise, not only in the labor or administrative order, but criminal.

Medical law is one of the different branches that emerge from the study in the exercise of the health professional with its professional intervention that studies the relationships of the different health professionals, institutional providers, insurers, and all the other actors involved in the care of health service users.

Medical law provides the user-patient with legal protection for the exercise of the actors in the health sector and provides support for the adequate legal framework of the institutions that make up the health system.

Medical care law seeks to maintain an adequate doctor-patient relationship, patient-service provider institutions, that make up the health system, service provider institutions-insurers, and all possible relationships that may be generated; With this, Medical Law provides support in all the controversies that are generated from these relationships from the legal field in its different forms.

Medical liability is a variant of professional liability, it has different origins, one of them in Colombia is observed in the regulations of Civil Law as a set of rules that deal with acknowledging, from the medical profession and its exercise, a legal perspective that regulates and protects its citizens.

It is required that a professional has knowledge, clinical, assistance, and legal experience in the various kinds of legal responsibilities so that their advisory has foundations that may guide with adequate advice. Our professionals offer professional attention in the following areas:

Ethical, Professional, Disciplinary, Criminal, Administrative, Civil, and State Responsibility for the provision of health services.

We provide legal advice on:

Lawsuits and/or Legal Representation to plastic surgeons for malpractice.

Lawsuits and/or Legal Representation to Hospitals and Clinics.

Lawsuits and/or Legal Representation for medical negligence, hospital negligence, omission of medical attention, and postoperative responsibility.

Services in Medical-Assistance Responsibility:

Ethical Responsibility.
Disciplinary Responsibility.
Criminal Responsibility.
Civil Liability.
Patrimonial Responsibility of the State.
Medical-Assistance and Institutional Law.
Medical liability.
Institutional responsibility in health.
Responsibility of the State in health.
Legal assistance in health.

Constitutional Actions:

Guardianship Action.
People’s Action.
Group Action.
Compliance Action.

Legal Assistance Services:
Advice and legal assistance for natural and legal persons in the health sector.
Advice and legal assistance for users/patients in the health sector.
Advice and assistance in contracting for health institutions.
Advice and legal assistance in social security and labor law.

Car accident:
Civil and criminal liability.
Collection of compensation for death.
Collection of compensation for personal injuries.
Legal assistance before Insurers and Fosyga.

Medical Liability:
Contractual and Extra Contractual Civil Liability.
Responsibility of the actors of the General Social Security System.
Criminal Responsibility.
State Responsibility.
Ethical/disciplinary processes.
Analysis of Clinical Histories – Concepts.
Definition of the procedure of the compensation action.