Creación y realización de riesgo en la mala práctica médica: Imputación objetiva desde la normativa penal y la Lex artis.

Abstract

The topic of medical wrongful death in Manta 2021 and 2022 presents significant legal challenges. Medical malpractice refers to negligent behavior on the part of healthcare professionals that results in serious harm and even death to patients when they fail to meet standards of care. In this context, the definition of legal liability is complicated by the narrow line between negligence and complications inherent in certain procedures, which is the concept of "tolerable risk". This term is important for assessing whether medical interventions, even with known risks, exceed permissible limits, causing fatal consequences and constituting murder. Moreover, the violation of the fundamental right protected by law, the right to life, raises serious ethical and legal problems. The loss of life caused by medical malpractice underscores the importance of patient safety in the healthcare system. In the case of Manta, the occurrence of these cases has caused concern and problems in the legal system, requiring close cooperation between medical experts, legal authorities, and regulatory bodies. This study focuses on systematizing deaths due to medical malpractice in this specific context, analyzing patterns, trends and evaluating the application of ethical and legal criteria. The goal is to advance the debate on responsibility and accountability in the medical field. The purpose of the knowledge gained is to promote the development of more effective operating methods and regulations to promote safer and more ethical health care for the benefit of society.