The irrelevance of informed consent in the medical liability lawsuit. An analysis of the civilian and state experience in Colombia

Abstract

This article provides a general review of medical liability in the Colombian experience, specifically based on the jurisprudence of the Civil Chamber of the Supreme Court of Justice and the Third Section of the Council of State. All the above, intend to raise a critique of the irrelevance of the figure of informed consent in the liability trial, a matter that reconsiders some of the basic assumptions for the emergence of an indemnity obligation in the field of medical liability.

 JEL CODE: H75, I18.