Professional liability in negligent homicide due to malpractice: analysis of the principle of trust and objective imputation.

Abstract

The analysis of the application of the principle of trust in cases of wrongful death due to medical malpractice in Ecuador shows serious inconsistencies and lack of uniformity in its interpretation and use. While medical professionals consider this principle as a guarantee for the exercise of their work, patients often perceive it as an obstacle to obtain justice and reparation. This scenario underscores the need to critically address how this principle is interpreted and applied, identifying normative gaps and proposing clear criteria for its uniform and equitable implementation. The research focuses on a comprehensive analysis, combining documentary review and qualitative analysis of normative, doctrinal and jurisprudential sources, with special emphasis on the Organic Integral Penal Code, using real cases to contextualize the findings.