Keywords
dangerous activities
attribution factors
fault
How to Cite
Abstract
On April 11th 2012, the Colombian Supreme Court of Justice qualified as dangerous activities the provision of medical services, even though it also established the parameters according to which this type of activities should be evaluated and in which the presumption of guilt is included. The fact that the execution of medical services must comply with such guidelines supposes a change regarding the way jurisprudence has so far evaluated this regimen. Consequently, and by way of a methodology mainly centred on the analysis of the jurisprudence of the Supreme Court and particularly on the ruling aforementioned, the present research paper intends to show that notwithstanding the way medical activities were qualified in the ruling, the regimen regarding them continues to enclose subjective responsibility and the presumption of innocence.This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.