RESPONSABILIDAD MÉDICA: ELEMENTOS, NATURALEZA Y CARGA DE LA PRUEBA.

In light of the chaotic scenario that exists in Colombian case law regarding civil liability for damages caused by medical services, this article presents an analytical and critical overview of the positions adopted by Colombian jurisprudence (in ordinary and administrative litigation) in regards to medical liability, in order to take a personal position in this matter. To this end, the following items are analyzed: (i) traditional elements that result in civil liability, (ii) the nature of medical liability: contractual or tort liability, (iii) and the controversial issue of the burden of proof, both in terms of fault (or wrongful services) and in terms of the chain of causation between negligence and damages. In the end, it is accepted that while the elements shaping traditional medical liability do not oblige the application of any evidentiary theory in particular, the constitutional principle of equity does require applying the theory of the "dynamic burdens of proof" when proving the fault, as well as lightening the burden of proof on the causal bond. [ABSTRACT FROM AUTHOR]