Medical malpractice in Costa Rica: criminal responsibility, civil liability and comprehensive damage reparation

Abstract

The practice of medicine in Costa Rica is regulated by laws in the area of heath, criminal law and the
Constitution. Medical procedures seek to maintain and improve the health of patients by way of actions
that on occasion may be invasive but necessary in order to maintain the heath of the individuals. Such
practices are associated with risks that may be outside of the professional personnel’s control where
iatrogenesis may occur; however, a series of factors exist that must be observed by the professional as
well as by the medial center that is responsible for avoiding those errors, negligence, or imprudence
that may cause harm to the heath of the patient. It is on this point that medical malpractice in Costa
Rica results in the criminal responsibility and the civil liability of the heath care professional. This
results in violation of the patient’s individual rights, which are protected by law whether that be the
heath or life of the patient. In order to determine this responsibility, the presence of certain elements
must be in place such as the medical procedure, the right to health, the patient, and the doctor. This
is how the law intervenes to determine whether or not there is a liability that must be compensated.