Introduction
In Ecuador, as in many countries in the region, the practice of medicine is surrounded by regulatory complexities, care-related pressures, and growing patient expectations. The doctor–patient relationship, traditionally guided by trust, has evolved into a technical-legal relationship in which healthcare professionals are accountable not only for their medical knowledge, but also for their ability to document, communicate, and act in accordance with established protocols.
In this context, avoiding a medical malpractice lawsuit is not a matter of luck—it is a matter of risk management, legal prevention, and continuous improvement. In this article, we share practical key measures to significantly reduce the risk of facing criminal or civil proceedings arising from medical care.
1. Informed consent: more than just a signature
One of the cornerstones of defense in alleged malpractice cases is informed consent. It is not merely about obtaining a signature; it is about ensuring that the patient has clearly understood— and that this understanding is properly documented— the risks, benefits, and alternatives of the proposed procedure or treatment.
Consent must be tailored to the level of complexity of the medical act. An outpatient procedure is not the same as a high-risk surgical intervention. The absence of this document, or its generic wording, places the professional in a position of legal vulnerability.
2. Complete and timely medical records
In judicial investigations, medical records are central evidence. They constitute the legal record of what was observed, prescribed, and performed. Incomplete, disorganized records lacking signatures or chronological consistency may be interpreted as negligence, even when the medical care was appropriate.
Timely documentation, inclusion of objective assessments, reflection of clinical decisions and their rationale, and recording the involvement of the medical team are practices that can safeguard professional careers in the event of a complaint.
3. Communication with the patient and their family
Many legal disputes arise not from a medical error, but from a perception of abandonment, coldness, or lack of information. Honest, empathetic, and continuous communication significantly reduces the likelihood that a patient or family member will resort to legal action as their only means of obtaining answers.
Records of key conversations, written notifications, and the active involvement of the family in the care process demonstrate responsibility and good medical practice.
4. Acting in accordance with updated protocols and guidelines
Modern medicine requires standardization. Adhering to institutional protocols and updated clinical guidelines protects professionals when facing claims related to complex clinical decisions.
Participating in ongoing training, staying current, and requiring the institution where one practices to maintain clear internal regulations are all part of professional responsibility.
5. Legal prevention: seek advice before being sued
Many professionals consult a lawyer only after receiving a judicial notice. Legal prevention involves reviewing consent forms, updating documentation, auditing medical records, and receiving training on rights, obligations, and legal protocols applicable to professional practice.
At Cazar | Pesántez Abogados, through the DOCTORISK® program, we support physicians, clinics, and hospitals in regulatory compliance, risk management, and legal defense—before conflicts arise.
Conclusion
Avoiding a medical malpractice lawsuit does not mean never making mistakes; it means being prepared, properly documenting care, and acting with professionalism and transparency. Legal prevention is now a natural extension of medical practice.
Do you have questions about how to legally protect yourself in your medical practice? Learn more about DOCTORISK® and schedule a consultation with our team.
