The special abilities of the healthcare professional

Publication date: Available online 23 February 2015 Source:Colombian Journal of Anesthesiology Author(s): Geovana Andrea Vallejo Jiménez Introduction One of the parameters used when analysing the occurrence of an offence of negligence is the so-called ideal average individual scale. 1 Thus, in order to determine whether medical negligence has occurred, the criteria that apply to the average ideal practitioner are generally used. 2 Nonetheless, there are situations in which healthcare professionals have abilities that are superior to those of the average ideal practitioner. This essay reflects on whether these superior individual qualities should be taken into account when analysing these situations, 3 and asks whether it is possible for a physician to be held criminally liable for negligence (in cases where harm to the life or health of the patient occurs) when he or she is not using those superior individual skills but is simply acting as any other healthcare professional. Methodology The methodology used for this research project was the criminal dogmatic perspective, that is, a search of what criminal law has to say regarding the proposed problem, always looking to respect the principle of legality. Also, the methodological path followed throughout this research consisted mainly of three moments: an exploratory phase, a focusing phase and a concretion phase. As for the sources used, 80% of them come from the Spanish doctrine, it having dealt widely with the stud...
Source: Colombian Journal of Anesthesiology - Category: Anesthesiology Source Type: research