Suspecting medical negligence is one of the most difficult situations a patient or their family can face: on top of the pain of what happened comes the uncertainty of what to do, who to turn to, and how much time you have to act. This guide explains, in practical terms, how to identify warning signs, which documents to gather, and what legal avenues are available in Colombia.
What counts as medical negligence?
Generally speaking, medical liability arises when a healthcare professional or institution causes harm to a patient by failing to act in accordance with the lex artis (the technical and ethical standards required of their specialty): a misdiagnosis due to carelessness, a surgery with avoidable errors, a failure to obtain informed consent, or the abandonment of post-operative follow-up are common examples. Not every poor medical outcome is negligence — medicine carries inherent risks — which is why the first step is always a serious technical evaluation of the case.
Signs that warrant reviewing the case with a lawyer
- The outcome is disproportionately worse than expected for the procedure performed.
- You were not told the risks of the procedure before signing the consent form (deficient informed consent).
- There were unjustified delays in responding to an emergency.
- The medical record has inconsistencies, is incomplete, or you are denied access to it.
- Another healthcare professional, upon reviewing the case, tells you that the care received was not adequate.
First steps if you suspect a case
- Request a complete copy of the medical record. It is a patient's right and the most important document for any subsequent evaluation.
- Gather additional supporting materials: prescriptions, orders, lab results, diagnostic images, invoices, and, if possible, photographic records of how things progressed.
- Get a second medical opinion from an independent professional who documents their assessment of what happened in writing.
- Do not sign agreements or settlements with the clinic or the EPS before receiving legal advice.
- Consult a lawyer experienced in medical liability as soon as possible: legal deadlines run from the moment the incident occurred, not from when you decide to act.
The legal avenues available in Colombia
Depending on who the claim is directed against, different avenues are available, each with its own deadline:
- Ordinary civil action (private clinic or physician): the claim expires after ten (10) years, under Article 2536 of the Civil Code (as amended by Law 791 of 2002).
- Direct reparation claim (hospitals, EPS, or public entities): the deadline is two (2) years counted from the day after the harmful event, under Article 164 of the Administrative Procedure and Administrative Litigation Code (Law 1437 of 2011).
- Ethics-disciplinary complaint before the Medical Ethics Tribunal, which would sanction the professional under Law 23 of 1981, independent of any financial compensation.
- Criminal action, when the conduct constitutes a crime (for example, negligent personal injury or negligent homicide).
It's important not to confuse these deadlines: if the claim is against a public entity and the two-year term is allowed to lapse under the assumption that ten years are available, the claim becomes time-barred with no possibility of recourse.
medical negligence Colombia — Need help with your case?
At Iniciativa Legal Abogados, we support patients and families in Medellín and throughout Colombia through medical liability cases, from the initial case evaluation to filing the claim with the appropriate venue. If you suspect that you or a family member were a victim of medical negligence, contact us for a case review.