Need for expertise in medical civil liability in Colombia - jurisprudential line

Abstract

The purpose of this article is to present the current debate in the Colombian legal field, regarding the need or not, of the expertise in medical civil liability processes, through the analysis of the jurisprudence of the Sala de Casación Civil de la Corte Suprema de Justicia. Teaching, for this purpose, after a succinct context of the evidence on the matter, the description of the analyzed sentences, as well as the jurisprudential line that was elaborated, which reflects the treatment that this problem has historically received in one and another sense. Being transcendental, the recent discussion about whether “sound criticism”, as the judge’s evaluative criterion, must be integrated, in addition to common sense and the rules of experience, for a basic or advanced knowledge of the sciences. Being able to conclude that, according to the referred jurisprudential line, the first must operate, and based on this, the expertise, in such procedures, is generally established as a necessary requirement to manage the lawsuit and issue the ruling.