La responsabilidad civil médica por wrongful conception: Su posible aplicación en el derecho Ecuatoriano.

Abstract

New forms of reproduction have been created, and health professionals must warn about the different contraceptive techniques and methods and their proper administration to have better family planning. However, when there is medical malpractice, civil liability is generated. Therefore, this paper examines the possibility of compensating the damages produced by the controversial assumptions of wrongful conception in the Ecuadorian legal system. After studying various positions on the matter in our doctrine, together with the jurisprudence on the subject, both national and foreign, the possibility of awarding compensation for damages is affirmed by virtue of the existing negligence in the medical malpractice that can be observed in these situations, applying a notion of damage that understands it as the injury to the interests.