La mala práctica médica en el contexto del derecho penal ecuatoriano Medical malpractice in the context of ecuadorian criminal law

Abstract

Medical malpractice, understood as failure to comply with professional standards of care that results in harm to the patient, is a topic of great relevance in Ecuadorian criminal law. This article analyzed the legal implications and criminal liability mechanisms established in the Comprehensive Organic Penal Code (COIP) of Ecuador. Case law cases were examined and the evidentiary difficulties in these processes were discussed, as well as the possible legislative reforms necessary for better protection of patients' rights and greater clarity for health professionals. Field research was used with a qualitative and quantitative approach; The method was descriptive and convenience sampling for both the survey and the interview. The main result was the importance of a robust health system that not only prevents medical malpractice, but also protects the rights of professionals and patients. It was concluded that medical malpractice is a complex issue that requires a balance between the protection of patients' rights and legal certainty for health professionals. Through a detailed analysis of the legal framework and jurisprudential cases, this article contributes to a better understanding of the challenges and possible solutions in the field of Ecuadorian criminal law.