Responsabilidad civil extracontractual instrumentador quirurgico

RESPONSABILIDAD CIVIL
DE LOS INSTRUMENTADORES QUIRURGICOS

FACULTAD DE DERECHO Y CIENCIAS POLITICAS
CENTRO DE INVESTIGACIÓN SOCIOJURIDICA
BOGOTA D.C.
2007

TABLA DE CONTENIDO

PAG.

PRESENTACION

INTRODUCCION

CAPITULO I – PROBLEMA, PLANTEAMIENTO DEL PROBLEMA HIPÓTESIS
Y OBJETIVOS…………………………………………………………………….. 14

1.1PROBLEMA……………………………………………………………………..14
1.2 PLANTEAMINETO DEL PROBLEMA………………………………………14
1.2.1 Identificación del problema…….………………………………………….…14
1.2.2 Descripción………………………………………………………………….…17
1.3 HIPÓTESIS………………………………………………………………………18
1.4 OBJETIVOS DE LA INVESTIGACION………………………………………19
1.4.1 Objetivo general…………………………………………………………….…19
1.4.2 Objetivos específicos………………………………………………………..…19

CAPITULO II – RESPONSABILIDADCIVIL……………………………………20

2.1. NOCIONES GENERALES SOBRE LA RESPONSABILIDAD CIVIL……20
2.2. ELEMENTOS DE LA RESPONSABILIDAD………………………………..23
2.2.1 Antijuricidad…………………………………………………………………24
2.2.2 Noción de daño ………………………………………………………………26
2.2.2.1. Daño patrimonial y extra-patrimonial………………………………………….27
2.2.3. Relación de causalidad entre el daño y el hecho…………………………….30
2.2.3.1 factores deimputabilidad o atribución legal de responsabilidad………………….31

CAPITULO III – EL INSTRUMENTADOR QUIRURGICO……………………33

3.1. DEFINICIÓN……………………………………………………………………33
3.2 CARACTERIZACIÓN DE LA FORMACIÓN EN EL PROGRAMA
DE INSTRUMENTACIÓN QUIRÚRGICA EN COLOMBIA…………………35
3.2.1 Inicio y desarrollo de la instrumentación quirúrgica en Colombia…………..…35
3.3 MARCOLEGAL……………………………………………………………..…36
3.4 DESCRIPCIÓN Y ANÁLISIS DE LOS PROGRAMAS DE
INSTRUMENTACIÓN QUIRÚRGICA………………………………………..…38
3.5 CAMPOS DE ACCIÓN DEL INSTRUMENTADOR QUIRÚRGICO……..38
3.6 DEFINICIÓN DE LAS COMPETENCIAS DEL INSTRUMENTADOR
QUIRÚRGICO EN COLOMBIA…………………………………………………41
3.7 PERFIL OCUPACIONAL DEL INSTRUMENTADOR QUIRÚRGICO
EN COLOMBIA……………………………………………………………………41
3.8 PERFIL PROFESIONAL DEL INSTRUMENTADOR QUIRÚRGICO
ENCOLOMBIA……………………………………………………………………41
3.9 ANÁLISIS DE LAS TENDENCIAS DE LA FORMACIÓN DE
INSTRUMENTADORES EN COLOMBIA……………………………………..42

CAPITULO IV – RESPONSABILIDAD MÉDICA…………………………….43

4.1 EVOLUCION HISTORICA DE LA RESPONSABILIDAD MÉDICA…..44
4.2 EVOLUCION DE LOS ESTUDIOS SOBRE RESPONSABILIDAD
PROFESIONAL MEDICA………………………………………………………45
4.3 TIPOS DE RESPONSABILIDAD MÉDICA……………………………….46
4. 3.1 La lesión desde el punto de vista clínico…………………………………..47
4.3.1.1 El actomedico como contrato………………………………………………48
4.3.1.2 Responsabilidad contractual y extracontractual……………………………49
4.3.1.3 Obligación de medio y de resultado……………………………………..…50
4.3.2 Responsabilidad Administrativa………..……………………………………51
4.4 SUJETOS RESPONSABLES………………………………………………….53
4.5 SUPUESTOS CONCRETOS…………………………………………………..59
4.5.1 Cirugía…………………………………………………………………………59
5.5.2Anestesista..…………………………………………………………………..59

CAPITULO V – RESPONSABILIDADES JURIDICAS………………………..61

5.1 DEL MEDICO……………………………………………..……………………61
5.1.1 Desde el punto de vista constitucional……………………………………….62
5.1.2 Desde el punto de vista ético – medico……………………………….………62
5.2 DEL PROFESIONAL AUXILIAR EN SALA DE CIRUGÍA,
INSTRUMENTADORES Y ENFERMERAS…………………………………….63
5.3 DEL EQUIPOHOSPITALARIO………………………………………………63
5.3.1 Tipos de culpa en el ejercicio de grupo…..……………………………………64
CAPITULO VI – RESPONSABILIDAD MÉDICA Y DE LAS INSTITUCIONES
EN EL AREA PÚBLICA……………………………………………………………66
6.1 RESPONSABILIDADES……………………………………………………..…66
6.1.1 Administrativa…………………………………………………………………66
6.1.2 Contencioso Administrativo…………………………………………………..66
6.2 FALLA DEL SERVICIO……………………………………………………….67
6.2.1 Elementos de la falla del servicio…………………………………………….69
6.2.2 Falla del servicio médico………………………………………………………70
6.3 DAÑO ANTIJURÍDICO……………………………………………………….71
6.3.1 Elementos del daño antijurídico……………………………………………72
6.3.2 Eximentes de responsabilidad..…………………………………………..…73…

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