Responsabilidad extracontractual del Estado por la deficiente prestación del servicio público de salud

This paper analyzes the State’s tort liability for the inadequate provision of public health services. Given that the provision of public health services is a technical activity, this study considers the rules, procedures, protocols, knowledge, and experience involved in delivering care by the medical team. It also examines the infrastructure and supplies required to treat patients with quality and compassion. There have already been cases in Ecuador in which the State’s extracontractual liability was recognized and certain reparative measures were ordered. For this reason, it is important to review these cases to help prevent future errors in the management of public health services