La The civil responsibility of clinics and hospitals for nosocomial infections

Abstract

Civil liability for damages generated in the practice of medicine is a topic of wide discussion anddissemination today, due to the way in which the provision of the fundamental right to health hasbeen conceived. The purpose of this article is to confront the thesis of subjective responsibilitydefended by the Supreme Court of Justice, against the thesis of objective responsibility supportedby the State Council, in relation to the civil responsibility of the clinics or hospitals for nosocomialinfections produced by Multi-resistant microorganisms to antibiotics and based on this parallel,choose one that best suits the Colombian legal system and the reality of the health system. Forthis, the complex relationships that arise in the provision of medical services when many peopleintervene and the inability to completely eradicate this type of pathogens that hinder the recoveryof patients, extend the stay in hospital centers and increase costs will be analyzed. and mortality,to conclude that the subjective responsibility thesis must be accepted, because it was evidencedthat it would be impossible to disclaim liability if the guilt of hospitals and clinics is presumed.