Successful Criminal Defense in a Case of Alleged Medical Malpractice

Client: Intensivist Physician – Critical Care Unit (Private)

City: Quito

Scope: Comprehensive criminal defense – Complaint for alleged involuntary manslaughter

Applied Solution: DOCTORISK® + Specialized Criminal Defense

Context

Our client, an intensivist physician with more than 15 years of professional experience, was criminally charged by the family of a patient who died in the ICU after a complex clinical course of sepsis secondary to a hospital-acquired infection. The initial complaint was filed under the offense of involuntary manslaughter due to alleged medical malpractice (Art. 146 of the COIP), amid strong media pressure.

The professional faced not only the risk of a criminal conviction, but also a direct impact on reputation, professional practice, and emotional stability. The case had already circulated on social media before any expert examinations were conducted or before the physician was formally heard.

Strategy Implemented by Cazar | Pesántez Abogados – DOCTORISK®

Formation of a Multidisciplinary Team

We activated a specialized task force within the Firm, composed of a senior criminal defense attorney, a forensic physician, a hospital quality management expert, and a medical compliance advisor.

Internal Forensic Clinical Audit

We conducted a detailed review of the medical records, applied protocols, and nursing follow-up, demonstrating that the physician acted in accordance with up-to-date scientific guidelines and as part of a multidisciplinary medical team.

Support During Statement and Initial Proceedings

We prepared the physician for the prosecutorial interview, avoiding inconsistencies and ensuring legal certainty in the testimony. We also requested the participation of independent and impartial experts.

Well-Grounded Motion for Provisional Dismissal

Once the medical and documentary expert reports were completed, we demonstrated the absence of negligent, reckless, or lex artis–violating conduct.

It was established that the fatal outcome resulted from the natural clinical progression of the underlying disease.

Institutional and Reputational Management

We coordinated with the private hospital to strengthen clinical traceability mechanisms and prevent information leaks to the media or social networks, protecting both the professional and the institution.

Results

• Provisional dismissal of the criminal proceedings issued by the Prosecutor’s Office, without the need for a pretrial hearing.
• Administrative closure of the case without sanctions by ACESS, supported by complete medical records and informed consent protocols.
• Full reinstatement of the physician to their position, without restrictions.
• Emotional and reputational support, including private counseling sessions and guidance on public communication.
• Use of the case as an internal training model for other critical care professionals, promoting prevention, proper documentation, and legal protection.

Conclusion

This case illustrates how a physician, even when acting with professionalism and diligence, may face criminal exposure without an early technical–legal defense structure. At DOCTORISK®, by CAZAR | PESÁNTEZ ABOGADOS, we combine legal expertise, technical medical knowledge, and strategic response capabilities to protect the freedom, reputation, and professional trajectory of those who dedicate their lives to saving others.