Jurisprudencia y Ciencias Sociales
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Item La mala práctica profesional de los médicos y el homicidio culposo en el Código Orgánico integral penal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-01) Martínez Cushpa, Edwin David; Tite, Segundo RamiroIn elaborating the present inquiry into the problem that has generated a deep sequel in Ecuadorian society both in the medical profession, as well as in patients, family members due to the incurable consequences of professional malpractice by doctors and culpable homicide in the Code Comprehensive Criminal Law and the Constitution of the Republic of Ecuador, audited, judged, executed by the Ecuadorian justice system through its legal bodies, and studied in depth by public officials, whether these criminalistics personnel or the Council of the Judiciary; experts, prosecutors, judges, specialized personnel. The process is aired by the different legislative bodies, focused on demonstrating that there is a criminal offense as well as elements of importance, which are found in the nebulae because there is no product study that concludes this problem in both the right of the medical professional is being violated, Not being defined, as a sanction for both doctors and legal persons who are responsible for different health institutions whether they are public or private, without there being a responsibility as well as a clear specification that violates the professional right of the doctor , for not existing an efficient mechanism so that the rights of the doctor as well as the patient are not violated, violating his rights to exercise his profession without obstacles, neither represarías, nor any risk, with the present investigation is presented in documents in which I stress that there is a legal vacuum within the Law, The Habeas Data is an action of protection protected by the Constitution of the Republic that is addressed to the direct and effective protection of the people who have the right to know about the existence of their personal data; access to documents, or clinical records in public and private entities, that are provided so that this problem does not originate, such as the bad practice of medical professionals and culpable homicide in the COIP due to the lack of adequate personnel, lend the necessary facilities to have these documents and so the professional's exercise is based on a clinical history basis, to focus on a thorough investigation, because this criminal type that gives the two polarities in which there are excellent doctors, who practice medical deontology, professional ethics.