Abstract

VAZQUEZ QUEZADA, María José; SANTACRUZ VELEZ, María Auxiliadora; MORENO MARTINEZ, Jaime Arturo  and  ALARCON VELEZ, Ricardo Agustín. Academic approach to the criminal liability of the hospital legal representative for omission in the activation of the prioritized emergency code. Conrado [online]. 2023, vol.19, n.95, pp. 142-149.  Epub Dec 10, 2023. ISSN 1990-8644.

This article delves into the analysis of the criminal liability of the hospital legal representative in relation to the failure to apply the prioritized emergency code activation manual (EP) in the context of health services in Ecuador. It highlights the impact of overload in health services and its direct consequence on the timely provision of care to patients in emergency situations. The academic-educational approach of the article aims to provide an enriching understanding of this complex topic. It highlights the urgent need to clarify both the legal responsibility of the health personnel who refer patients in prioritized emergencies, as well as that of the hospital's legal representative, who is faced with the difficult task of receiving these patients without the appropriate resources to address their clinical conditions. Through an informed and contextual analysis, relevant constitutional and legal aspects are addressed, providing a comprehensive framework for understanding the scope of this responsibility. In addition, practical experiences and court cases are incorporated to enrich the understanding of the guarantor role that the hospital legal representative assumes in these challenging circumstances.

Keywords : Criminal responsibility; Legal representative of the hospital; Omission; Activation manual; Prioritized emergency; Saturation; Healthcare services.

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