Unveiling Colombian Law on Medical Malpractice and the Significance of Medical Records

Medical malpractice is a critical concern that spans across healthcare systems globally, including Colombia. Understanding the intricacies of Colombian law related to medical malpractice and the pivotal role of accurate medical records is essential for both patients seeking justice and healthcare providers striving for excellence. In this comprehensive guide, we delve into Colombian law surrounding medical malpractice and emphasize the crucial importance of maintaining comprehensive medical records.

Colombian Law and Medical Malpractice:

1. Legal Definitions: Colombian law defines medical malpractice as the failure of healthcare professionals to meet the accepted standard of care, resulting in harm, injury, or death to a patient.
2. Criminal and Civil Aspects: Medical malpractice cases in Colombia can lead to both criminal charges and civil claims. Criminal cases focus on proving negligence or intentional misconduct, while civil claims seek financial compensation for the damages caused.
3. Burden of Proof: To succeed in a medical malpractice case, the plaintiff must demonstrate that the healthcare provider’s actions deviated from the standard of care and directly caused harm.
4. Statute of Limitations: Colombian law stipulates a time limit within which a medical malpractice lawsuit must be filed. This timeframe varies depending on the circumstances of the case.

The Crucial Role of Medical Records:

1. Documenting Patient Care: Thorough and accurate medical records serve as a detailed account of patient care, documenting diagnoses, treatments, medications, procedures, and follow-up care.
2. Evidence in Legal Cases: In medical malpractice lawsuits, medical records play a pivotal role as evidence. They provide a chronological record of the patient’s condition, treatment plan, and any deviations from the standard of care.
3. Expert Opinions: Medical experts often review medical records to provide opinions on whether the healthcare provider’s actions aligned with the standard of care and whether negligence occurred.
4. Substantiating Claims: For patients pursuing legal action, comprehensive medical records can substantiate their claims of negligence and demonstrate the causal link between medical errors and harm suffered.
5. Defending Healthcare Providers: On the other hand, healthcare providers can use well-documented medical records to demonstrate their adherence to the standard of care and counterclaims of negligence.

Colombian law pertaining to medical malpractice underscores the importance of upholding patient safety and ensuring accountability within the healthcare system. For patients, understanding these legal nuances can empower them to seek justice when negligence occurs. Meanwhile, healthcare providers must recognize the pivotal role of meticulous medical record-keeping in delivering high-quality care, mitigating legal risks, and maintaining trust with patients. In this landscape, accurate and comprehensive medical records emerge as a fundamental tool that bridges the gap between patient care and the legal realm.

Contact us: 57-6019143033 wsp 3104854137

Maikel Nisimblat, Director of Nisimblat Law Offices, is a lawyer from Universidad de los Andes.  He is a certified Legal Conciliator from Universidad Católica de Colombia, certified by the Ministry of Justice, and holds a Negotiation Certificate from the PON Program of Harvard, MIT, Tufts,  USA, specialized in Management Development George Washington Business School USA.