Attorneys specializing in medical liability

In medical practice, errors of diagnosis may be presented, however, they do not always constitute an event of responsibility, because for the error of diagnosis to be susceptible to claim, there must be a DAMAGE that is closely related (direct) with the error of diagnosis, and that the error is attributable to the treating physician, who has a legal duty to make good the damage. That is, you can always claim an error or misdiagnosis, but there will not always be a place to declare the responsibility of the treating doctor, for the above, it is important to always consult with an expert.

In the Colombian legal system, the joint and several liability of the institutions providing health services (clinics and hospitals), who are guarantors of the service provided to the users, has been established. Therefore, it is clear the institutions can be sued for medical malpractice events in which their employees have been involved.

In penal matters, the legal types in which a health professional may incur in the exercise of his profession are personal injury and, eventually, culpable homicide, apart from some others that may be prosecuted; therefore, health professionals could be immersed in this type of accusations, however, before the criminal process is opened, the prosecution must carry out a thorough investigation of each specific case.

In our country there is a procedural requirement, that means that prior to initiate a judicial process of declaration of civil liability for medical malpractice, except for specific exceptions, the pre-judicial conciliation stage must be exhausted, exhausted this requirement with the record of non-agreement or absence of the summoned, the judicial process may be initiated in which the claim for damages arising from medical malpractice is intended.