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Two explanations were added to the subsection on medical malpractice
Posted On 25 Apr 2014
The Minister of Health, Carina Vance, spoke about the resolution of yesterday, Thursday, April 24, 2014, issued by the National Court of Justice (NCJ),regarding to article 146 of the Comprehensive Criminal Code that clearly establishes the circumstances in which the bad professional practice shall be punished.The official said that the Ministry has always been clear with the subsection, but it was necessary to make these clarifications to understand it in a comprehensive manner. The Article 146 of the comprehensive criminal code stated that the professional malpractice would be punished when there are `unnecessary, dangerous and illegitimate´ actions.
Associations of health professionals expressed that this subparagraph was subjective and their careers are at risk. Therefore, they held marches and vigils, and delivered their observation to the Court to analyze it.
The CNJ decided to add two explanations in which it is detailed that the culpable homicide by professional malpractice must be understood in its entirety. In addition, that `it is configured for the failure to comply with the duty objective of responsability and the occurrence of unnecessary, dangerous and illegal actions´.
