Key Issues of Contract Professional Liability Insurance Related to Medical Liability (Principales Aspectos del Contrato de Seguro de Responsabilidad Civil Profesional en Relación con la Responsabilidad Médica) (Spanish)
Revist@ e-Mercatoria, Vol. 9, No. 1, 2010
62 Pages Posted: 21 Jul 2010
Date Written: July 21, 2010
Abstract
The first part of this article, intends to provide an analysis of the definition of insurance liability and how it was introduced in Colombian legislation, with special interest in the Commercial Code of 1971, Statute 45 of 1990 which includes the assurance of negligence and the possibility that a victim has to make use of a direct legal action against the insurance company. Afterwards, it deals with the characteristics of Statute 389 of 1997 which introduced the claims made clauses. Subsequently, the document will focus on the "essential elements" and characteristics of the Professional Liability insurance regime under medical liability, also known as malpractice insurance, mistakes and omissions.
On the other hand, the second part of the article refers to medical liability, specifically the following aspects: (i) Questioning whether or not it pertains to an aggravated regime, (ii) The existence of different types of professional liability, (iii) The main causes of judicial controversies and, (iv) the kind of doctor-patient legal relationships: contractual, tort and the so-called "gray areas."
Note: downloadable document is in Spanish
Keywords: Professional Liability Insurance, Claims Made, Medical Liability, Malpractice, Types of Professional Liability, Types of Doctor-Patient Legal Relationship
JEL Classification: K12, K13
Suggested Citation: Suggested Citation