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Revista Médica del Uruguay

On-line version ISSN 1688-0390


RIVEIRO, Gustavo  and  ROO, Rafael. Análisis médico-legal del primer caso de responsabilidad médica en Uruguay. Rev. Méd. Urug. [online]. 2007, vol.23, n.3, pp.179-186. ISSN 1688-0390.

Summary Background: Dr. Pedro Capdehourat who has assisted General Eugenio Garzón, and whose title was withdrawn, was the first case of medical responsibility in Uruguay. Objectives: to review the first case of medical responsibility in Uruguay and to determine his responsibility in General Eugenio Garzón death. Methods: Dr. Capdehourat Autopsy Report and the Acts of the Public Health Committee were analyzed using historical autopsy. The evaluation of the medical performance and possible responsibility was done according to medical and legal knowledge of that time. Discussion: responsibility, causal nexus and medical procedure in compliance with the lex artis ad hoc principle were valued. Although a mistake was observed (stroke of thoracic aorta), the same was found as an autopsic finding but the procedure was in accordance with the lex artis ad hoc. Conclusions: the analysis of the legal-medical documents does not show the existence of medical responsibility or unknowledge of technical norms of the time. Withdrawal of title due to ‘ignorance of the profession’ imposed to Dr. Capdehourat is not viable.


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