FODEIN 2017 - Informes de investigación

Abstract

Through a dogmatic examination of the institutions of civil responsibility and Consumer Law, it can be verified that the emergence of the special assumption of products liability contributes to reinforcing the protection of patients, if we observe above all the possibility that the medicines, as inherently risk products, can cause harm to those who consume them. The problem is especially with regard to those drugs whose adverse effects are revealed after their introduction in the market, which gives rise to the dilemma of whether it is possible to attribute the responsibility to the producer of the defective medicine. The research arrives to accept that it is possible to articulate an interpretation in that sense, in light of a reading of the current regime of consumer protection in Colombia, under which, there is an imputation of liability for damages arising from defectiveness that covers an absence of information.