La responsabilidad médica y su indemnización en el derecho público colombiano: Un ejercicio comparado con el derecho francés y estadounidense Thesis

short description

  • Master's thesis

Thesis author

  • Reales Avila, Luisa Fernanda


  • From the time of the “Arret Blanch” in France where the civil liability of the administration is distinguished for the first time until the present, administrative law has evolved to such an extent as to configure imputation systems, methods of responsibility in special subjects and procedures aimed at proving or exonerating from medical failure in healthcare praxis. Although the responsibility of the State originated initially in the civil field, it was gradually transferred to administrative law, to the extent that the State took over the provision and later guarantor of essential service, such as the health service. As a result of the foregoing, as its borrower and correspondingly his servants also incurred in cases of medical malpractice, which have subsequently been discussed in pre-trial proceedings and judicial litigation, emanates the now broad concept of state medical liability, which is precisely the subject of this research whose title includes Medical liability and compensation in Colombian public law: an exercise compared to French and American law. To this end, the State’s responsibility in the Colombian legal system, the responsibility of the State in medical matters for malpractice, also mentioning medical liability in civil law in order to contextualise the reader without delving into it, as well as a cursory study of liability in the civil sphere, its classification and elements, This is not the purpose of this investigation. Also included is the analysis of medical liability in the French and American models, where you can see diametrically different positions of the legal and medical systems that each country has.

publication date

  • August 9, 2022 8:01 PM


  • American Law
  • Comparative law
  • Compensation
  • French law
  • Liability
  • Malpraxis
  • Medical liability
  • Public Law
  • State Liability

Document Id

  • d4b57346-fd78-47d7-bcf5-3e6c8d5f0862