Responsabilidad civil del médico, el daño

Abstract

This paper examines physicians’ civil liability in Ecuador, with emphasis on the lack of specific regulations governing damages caused in medical practice. The research identifies legal gaps that generate uncertainty for both patients and healthcare professionals, and proposes solutions to strengthen legal certainty in this area. The current legal framework is studied, including the Constitution, the Civil Code, the Comprehensive Organic Criminal Code, and relevant case law. Furthermore, international experiences from countries such as Spain, Chile, and Colombia, which have developed clearer regulatory frameworks, are compared. The research employs a mixed-methods approach (qualitative-quantitative), combining doctrinal analysis with a field study. It concludes that the absence of specific legislation affects the protection of patients' rights and the professional safety of physicians. As a solution, a legal reform is proposed that defines medical harm as an autonomous legal concept, establishes standards of medical care, and develops mechanisms for prevention and conflict resolution, including specialized courts and mandatory mediation systems.