NEGATIVE EXTERNALITIES AND RIGHT TO COMPENSATION FOR OBJECTIVE CIVIL LIABILITY AS A CONSEQUENCE OF COVID-19 IN LATIN AMERICAN HOSPITALS

Nila Guadalupe Castañeda Noriega, José Lázaro Liza Sánchez, César Alexander Pérez Baquedan, Gerardo Francisco Ludeña González, Violeta María DE PIÉROLA GARCÍA

Research output: Contribution to journalArticlepeer-review

1 Scopus citations

Abstract

The purpose of the study was to reveal a knowledge of the implications assumed by the States in the face of the lack of health policies in Latin America, which become Externalities and Civil Liability, resulting from poor management of COVID-19. MATERIALS AND METHODS:A situational narrative review of qualitative design made it possible to categorize and estimate the references of the open structured and in-depth interviews. For information processing, the Atlas ti9 computer program was used. Analytical Induction and Abduction were used as methods. Analysis: As a technique, the Documentary Analysis was used, as well as the triangulation of interviews applied to experts, which allowed us to know the importance of the regulations that require the State as a guarantor to protect the life and health of people, as an applicator of measures to manage the actions of prevention, control, diagnosis and treatment of COVID-19. Results: The triangulation of the documentary analysis made it possible to synthesize all the information found in the review of documents, authors, and case studies. Conclusion: The conclusions of the study rescue the praiseworthy medical work in times of health emergency, the ethical obligations of health centers towards patients, matters of civil medical liability in the legal context, the principles of responsibility, claims for damages that violate the human right to health, as well as government responsibility for the management of COVID-19 in Latin America.

Original languageEnglish
Pages (from-to)265-276
Number of pages12
JournalGlobal and Stochastic Analysis
Volume8
Issue number2
StatePublished - 1 Jul 2021

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