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.