La mala práctica profesional en Ecuador. Un ánalisis desde el derecho médico

Abstract

This research analyzes professional malpractice in Ecuador from the Medical Law perspective. It is a relevant and current topic since the research copes with prosecutors' and judges' lack of knowledge of Medical Law, leading to violating physicians' right to defense in Ecuador. Some are unaware of the particularities of Medical Law, prospering investigations and judicial proceedings that violate the health professional rights without taking into account the doctrinal, legal, and jurisprudential approach of this autonomous branch of law, which should be applied in medical malpractice proceedings. The research employed qualitative and analytical-synthetic methods to analyze the problem accurately. The inductive and historical-logical method was also used, permitting the collection of jurisprudential and doctrinal criteria regarding Medical Law. In addition, the bibliographic technique of revision and filing was used. The result shows the importance of Medical Law since judges and prosecutors respond to situations external to law and medical science, ruling in judgments against medical professionals.