Procedural and evidentiary aspects of medical and healthcare liability. The handling of sensitive data in Colombia

This research work aims to analyze the violation of the patient's rights to freedom and privacy and, in general, to habeas data incorporated in the so-called digital evidence. It seeks to demonstrate that, when weighing the rights to privacy and information of the medical user, the protection of habeas data prevails. The prevalence is established through the constitutional actions of group, popular, compliance and tutelage, which seek the prevention and in turn the sanction, for the violation of the human rights of the user of the health service. The research has a qualitative approach, with an exploratory scope. The research method used was the critical hermeneutic method promoted by Hans George Gadamer, and the techniques of conversation with experts and the relevant documentary search.

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Publication Details

Journal
Journal of Posthumanism
Published
2024-12-24
DOI
https://doi.org/10.63332/joph.v4i3.3128
Primary Topic
Medical Malpractice and Liability Issues
Type
article
Field-Weighted Citation Impact
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article

Procedural and evidentiary aspects of medical and healthcare liability. The handling of sensitive data in Colombia

Fernando Luna Salas, José López Oliva, Andrea Alarcón Peña
Journal of Posthumanism
Medical Malpractice and Liability Issues
article

Procedural and evidentiary aspects of medical and healthcare liability. The handling of sensitive data in Colombia

Fernando Luna Salas, José López Oliva, Andrea Alarcón Peña
article en

Abstract

This research work aims to analyze the violation of the patient's rights to freedom and privacy and, in general, to habeas data incorporated in the so-called digital evidence. It seeks to demonstrate that, when weighing the rights to privacy and information of the medical user, the protection of habeas data prevails. The prevalence is established through the constitutional actions of group, popular, compliance and tutelage, which seek the prevention and in turn the sanction, for the violation of the human rights of the user of the health service. The research has a qualitative approach, with an exploratory scope. The research method used was the critical hermeneutic method promoted by Hans George Gadamer, and the techniques of conversation with experts and the relevant documentary search.

Journal of PosthumanismVol. 4(3)
University of Cartagena (CO), Military University Nueva Granada (CO)
Openalex Percentile: Top 48%
Medical Malpractice and Liability Issues
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