La infracción del deber objetivo de cuidado en el delito de lesiones culposas

Abstract

The present investigative work is make out based on a hypothetical case, which is presented with a quick surgical intervention performed by a doctor to a patient, which leaves a serious infection due to poor sterilization of the instruments used. Causing evidence of guilt, violation of the objective duty of care and injury. Thus, the present study is in accordance with Article 27 of the Organic Comprehensive Criminal Code, which states: "The person who infringes the objective duty of care that is in his charge which causes a harmful result acts with fault" The present work focuses on two very essential points that are; the infraction to the objective duty of care and the injuries with their respective classifications, in which the culpable injuries are found. In which we are going to focus for the resolution of the case, which deals with "The infractions of the objective duty of care in crimes of culpable injuries" At the end of the present project, the variables will be demonstrated, the proposed objectives will be met, and conclusions will be presented on the subject, considering the doctor's behavior and what the Comprehensive Organic Penal Code establishes, and, in the dogmatic aspects of the scientific articles and books that is the basis for the completion of the present work of degree, modality complex exam practical part prior to Obtaining the Title of Lawyer of the Courts and Tribunals of the Republic of Ecuador.