Medico Legal at Colombia
Colombia's medico-legal system is robust and comprehensive, primarily managed by the Instituto Nacional de Medicina Legal y Ciencias Forenses (National Institute of Legal Medicine and Forensic Sciences), which operates under the Attorney General's Office.
⚖️ Institutional Framework
Established in 1904, the Institute is a public entity responsible for performing forensic activities across Colombia. It provides services such as issuing necropsy certificates (with appropriate authorization), conducting forensic psychiatric and psychological evaluations, and performing medico-legal examinations. Additionally, it handles the genetic investigation of paternity and maternity in civil proceedings, with prior approval from the Colombian Institute of Family Welfare.
🧬 System Structure
The Sistema de Medicina Legal y Ciencias Forenses encompasses policies, norms, procedures, and both public and private entities, including professionals and technicians, who provide medico-legal and forensic support to the administration of justice nationwideThis system is governed by regulations such as Resolution 000631 of 2019, which restructured the system, and Resolution 000662 of 2019, which established its policyThese frameworks ensure standardized practices and coordination among various stakeholders.
🧾 Medical Liability and Legal Framework
Medical liability in Colombia is primarily regulated by Law 23 of 1981, which addresses medical malpractice case. To establish liability, several elements must be prove:
Existence of a Duty The healthcare professional must have a duty to provide care to the patien.
Breach of Duty It must be demonstrated that the healthcare professional failed to provide the appropriate standard of car.
Causation It must be established that the breach of duty directly caused harm or injury to the patien.
Damages The patient must have suffered damages, such as physical or psychological injuries, as a result of the healthcare professional’s negligenc.These cases are typically resolved through civil litigation, and healthcare professionals are advised to maintain accurate medical records, adhere to established medical protocols, and obtain informed consent to mitigate legal risk.
🏥 Access to Service
To enhance accessibility, the Institute has implemented mobile units to reach populations without nearby facilities, facilitating post-mortem examinations and other servics. This initiative is supported by international cooperation, including resources from the European Union.
📰 Recent Developmens
In October 2024, Colombia's "bancada provida" (pro-life caucus) advanced legislative efforts to restrict abortion accs.These initiatives include proposals to mandate the listening of fetal heartbeats before proceeding with an abortion, drawing inspiration from similar laws in other countre. While these efforts aim to influence abortion policies, they have faced opposition from organizations advocating for reproductive rights, emphasizing the importance of protecting access to abortion servies.
--
In summary, Colombia's medico-legal system is a well-established framework that integrates forensic medicine with the judicial process, ensuring the provision of essential services and the protection of public health and legal rigts.
RELATED Blog
0 comments