El daño a la salud en Colombia-retos frente a su delimitación, valoración y resarcimiento
The type of damages throughout our history, has oscillated between recognition and denial of certain categories, in this development, the categories regarding Compensatory Damages for economic loss –damnum emergens and lost profits damages– seem to have settled, different is the situation concerning...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2012
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5137215 |
| Source: | Revista Digital de Derecho Administrativo, Nº. 8, 2012 (Ejemplar dedicado a: Julio-Diciembre), pags. 89-145 |
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| Summary: |
The type of damages throughout our history, has oscillated between recognition and denial of certain categories, in this development, the categories regarding Compensatory Damages for economic loss –damnum emergens and lost profits damages– seem to have settled, different is the situation concerning Compensatory Damages for non-economic loss, it is true that the category of Pain and Suffering has gained certain stability similar to that of Compensatory Damages for economic loss, but the second kind represents greater difficulty in its definition, especially when it comes to injuries caused to the plaintiff. National case law was, in principle, reluctant to recognize a separate category different to Pain and Suffering to the extent that the Supreme Court recognized only another item in 2008, but once accepted, the change has been constant, several changes regarding its name and content have been introduced, changes such as physiological injury and damage to personal relationships. Afterward recognized as deterioration to living conditions and finally to health. Damage that is exposed in the historical events surrounding its predecessors and with the necessary reference to the principle of full compensation, the judge’s discretion and equality for citizens, in the other hand, the author framed it in the constitutionalization of tort law. The analysis is not confined to its conceptualization, or a theoretical analysis, but the text raises the tools for implementation, assessment and recognition of this injury, which facilitates the work of attorneys at the moment of identifying the type of damages, to request or acknowledge them properly. |
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