Ethical and Juridical Considerations posed by the New Scientific Knowledge of the Living Organism versus Traditional Prevailing Beliefs.

 

Américo González-Bogen. M.D., Prof.

 

 

    Any drug, biological or pharmacological product, as well as any technology applied to the Living-Organism, is processed by this itself and, their effects, positive or negative, are relative to concordance or not, of the scientific interpretation of vital phenomena with the expected response.

 

    Any medical practice based on false scientific interpretation of vital functions is potentially the cause of harm: accidents, complications and even death (Iatrogenia)

 

    Any harm caused to the patient by medical practice is susceptible to juridical responsibility.

 

    Scientific and Academic Institutions. Governmental Offices responsible for Defense of Life and Health in accordance with the Positive Right that guarantees it are responsible for the adopted doctrines, as well as for the implementation of techniques and procedures to be applied by the physicians in their professional practice.

 

THEREFORE:

 

1. Unforeseen harm caused to the patient by medical practice, under strict application of the established techniques and proceedings, are institutional responsibilities, and not of the physician, who is the person licensed to the medical practice and in good faith believes in the goodness of his learning.

 

2. The physician is responsible for his own behaviour. Hence, if the caused harm is attributable to ignorance or incorrect use of the established norms, he becomes responsible for the generated damage, due to unskilful ness or negligence (mal praxis).

 

3. To ignore new contributions to scientific knowledge that contradict traditional beliefs, no matter how rooted they are, without promotion of their discussion and reasoned experimental verification and, owing to that, harm to Life or Health is caused, generates juridical responsibility.

 

4. National. Regional or International Organisms and Institutions, sharing responsibilities in teaching, diffusion and application of techniques and procedures for the practice of medicine, preventive or curative, have scientific, ethical and legal obligation to permanently promote the verification of Scientific Truth, by means of reasoned discussion of the beliefs they support.


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