The relation of causality in the governmental medical responsibility in colombia 1999-2011

Abstract

Within the responsibility imputable to the State government due to the antijuridical damages caused by action or omission regarding the provision of medical services, one of the most controversial elements is the nexus of causality for its demonstration has been of great complexity whether it´s addressed to the judicial operator as it is to the procedural parties. It is so, that the Contentious Administrative Judge has had to rely on multiple theories to prove, presume or decline its existence. Therefore, this article intends to present the different theories used by the jurisprudence of the third section of the Colombian Council of the State since 1999 to 2011 in order to impute or absolve Public Administration for the damages caused by the provision of medial services.