Specialization Program in Medical Liability

1. Human right to health protection.
   • The right to health protection as a human right: its nature and foundation.
   • Health as a protected legal right.
   • Protection of the right to health in international treaties.
2. The right to health protection in the European context.
   • Analysis of the jurisprudence of the European Court of Human Rights in the field of health protection.
3. Informed consent in medical practice.
   • Patient autonomy as a prerequisite for consent.
   • Components. Requirements and types of consent.
4. Informed consent in national and foreign jurisprudence.
   • The consent of minors and persons with disabilities.
   • Informed consent in the Latin American context.
   • Jurisprudence of the Inter-American Court of Human Rights.
5. Patient rights: confidentiality
   • Doctor's duty of confidentiality.
   • Data protection law.
6. Confidentiality in the courts.
   • Duty of confidentiality: National and foreign legislation and jurisprudence on the matter.
7. The medical history (I)
   • Elements that make it up.
   • Ownership.
   • Confidentiality of the information contained in the medical record. (I)
8. The medical history (II)
   • The medical record as a means of proof and the subjective assessments reflected in the document. (II)
9. Conscientious objection (I)
   • Conscientious objection of the health professional.
   • Elements that make up the behaviors mentioned.
   • Limits. (I)
10. Conscientious objection (II)
    • Conscientious objection versus omission of the duty to provide assistance.
    • Distinguishing characteristics.
    • Good practice versus bad practice.
11. Conscientious objection (III)
    • Conscientious objection in national and comparative jurisprudence.
12. Doctor-patient relationship.
    • Legal nature of the doctor-patient relationship.
    • The medical contract.
    • Type of obligation (means or result)
13. Civil liability of the physician (I)
    • Civil liability of the doctor: concept and constitutive elements (illegality, attribution factor, causal link, damage).
14. Civil liability of the physician (II)
    • Contractual and extra-contractual liability: differences and cases in which one or the other is configured.
    • National and foreign jurisprudence.
15. Civil liability of the physician (III)
    • Subjective responsibility versus objective responsibility.
    • The causal link between the event and responsibility.
    • Proof of the civil liability of the health professional.
    • Burden of proof.
16. Responsibility of private health centers
    • Responsibility of the private health center for the actions of medical professionals.
17. Criminal liability of the physician (I)
    • Criminal liability in medical practice. Negligence of the healthcare professional. Breach of the duty of care.
18. Criminal liability of the physician (II)
    • Crimes in medical practice: failure to provide assistance, falsification of certificates, disclosure of patient information.
    • Effects of criminal liability.
19. Union responsibility (I)
    • The duties and the principle of responsibility of the physician towards his professional association (Medical College of Peru).
20. Union responsibility (II)
    • The professional discipline of the Peruvian Medical Association regarding its members.
21. Administrative liability (I)
    • The duties and the principle of responsibility of the public official-doctor in the hospital and healthcare administrative entity.
22. Administrative liability (II)
    • The disciplinary responsibility of public officials-doctors in the Peruvian healthcare system.
23. Consumer rights
    • Liability before Indecopi for medical acts within the framework of consumer law.
24. Administrative responsibility
    • Liability for medical acts before Susalud: oversight and sanctions.
25. Closing Conference

*In case of a change of teacher or dates due to force majeure, you will be informed in a timely manner and a teacher of the same academic level will be assigned.