Medical Civil Responsibilities in Chile in Public vs. Private Organizations | Author : Grimberg, Maria Loreto Retamal | Abstract | Full Text | Abstract :There is a common evaluation process of the judicial test for the public and private legal sources for medical civil responsibility in Chile, which attests that once the obligation/duty of care is accredited, it will be up to the respondent to prove that (s)he satisfactorily fulfilled his/her obligation and / or that (s)he was diligent in his/her actions. |
| Law of Organ Transplants in Argentina: When the Legislation is Updated to Seek Greater Efficiency | Author : Foyo, Roberto Oscar | Abstract | Full Text | Abstract :The need to generate a law, according to the evolution of knowledge and scientific advances in the field of organ and tissue transplants, has determined the origin of new provisions on this subject in Argentina. There is a rule that must balance therapeutic objectives, strength and technical evidence with respect to the rights of donors and recipients, in a framework that combines ethics, medicine and law. This attempts to analyze the rationale of the new transplant law by identifying its strengths in comparison to previous laws and regulations. |
| Deaths in Urban Fires during the "State of the Emergency" in Chile: Do They Have a Normal Pattern? | Author : Luis, Ravanal Z.; Roberto, Macchiavello M. | Abstract | Full Text | Abstract :In October 2019, social protests arose in Chile demanding greater social equality. The government invoked a "state of emergency" involving military intervention. There were five major fires related to looting and the rescue teams found fully calcined bodies. We focused on the largest incident, with five deaths and one injured, where initial autopsy reports were questioned because they did not properly rule out the possibility of wounds from other causes and third-party intervention. While waiting for further analysis, we expose the importance of the quality of the autopsy reports, regarding the inconsistencies and omissions detected in the autopsies performed by the Legal Medical Service of Chile, as well as the doubts that arise from the overall epidemiological profile of the fires. We concluded that those features support the need for further investigation on the matter of death. |
| Criminal and Forensic Aspects of Injuries Resulting from the Use of Rubber Bullets in Police Contexts | Author : Ravanal Zapeda, Luis; Hoyl Moreno, Gonzalo | Abstract | Full Text | Abstract :Since the beginning of the social protests in Chile from October 18, 2019, there have been more than 232 people who have suffered severe eye trauma from rubber bullets or pellets, many of them from the actions of law enforcement agents. This analysis focuses on solutions that are in the Chilean Penal Code (hereinafter CP), through the reality and verification that forensic sciences offers, as ways to sanction such conduct considering two fundamental issues: the applicable criminal type and the objective imputation of the harmful result of the conduct. From the analysis carried out, it is believed that the use of these weapons cannot be validated, considering the harmful potential they have, under the pretext of placing it within a category of "anti-riots" with deterrent effects, or worse, the weapons are adequate but the use given to them is intentionally harmful. Under no circumstances would its maintenance be justified, considering that these weapons are capable of causing significant injuries, including deep penetration wounds, especially harmful when aimed to the skull, eyes and thorax. Rubber bullets are potentially lethal and should hence be reclassified since this ammunition should not be considered a safe method of crowd control.
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| Criminal Defense, Strategies and Expertise in Chile | Author : Palma Navarette, Mario; Ravanal Zepeda, Luis | Abstract | Full Text | Abstract :The defense in Courts of a citizen prosecuted by the State for the alleged commission of a crime implies difficulties and definitions that the defender must address in the theory of the case (s)he will develop. The defense of the accused who is the subject of criminal prosecution, through an investigation carried out by the Public Prosecutor Office, must exercise his right to raise allegations, be heard, contradict the proof of being indicted, present evidence seeking to prove his/her own case theory and the development of forensic expert testimony by appropriately qualified professionals. In
theory, the forensic report has considerable potential to improve the accuracy and reliability of the criminal justice system, constitutes a significant phase of a criminal investigation that is used to convict the guilty and exonerate the innocent. The opinions of the defense experts are important with respect to forensic scientists, presented by the prosecutor overstating the strength of evidence against defendant. The activity carried out by experts in the criminal procedure allows the defendant to effectively realize their right to justice, citing that cases, where the defense provided an expert, resulted in a higher percentage of acquittal, because it provides evidence that, in many cases, the persecutor does not consider, while assessing the objectivity and scientific sustainability of the official expert reports presented by the prosecutor. |
| Inadequate Diagnosis Process in Case of Suspicion of Sexual Abuse and Abuse in Children: Ethical Aspects in Health Care | Author : Manikowski, Rosana; Garcia, Irene | Abstract | Full Text | Abstract :In relation to three cases reported as alleged or supposed sexual abuse or child abuse in healthcare settings, subsequently referred to forensic investigation, some ethical aspects concerning health care assistance related to assessment methods, diagnosis and referrals that may determine the victimization, re-victimization and diagnostic errors are analyzed. The importance of professionals, in the fields of health care and forensic science, is discussed to maintain adaptability to its formation, function, work environment and ethics, in order to comply with their tasks in an optimal manner, achieving the greatest benefit for the patient. The necessary ethical standing of the treating professional is paramount. The professional should interrogate him/herself concerning the scope and limitations of his/her knowledge and that acknowledgement of the children rights supposes an open mind, free of preconceived ideas when listening to the child. |
| Human Rights Violations Committed in Chile after the Social Outburst of "18-O" | Author : Ravanal Zepeda, Luis; Marin, Francisco | Abstract | Full Text | Abstract :We analyzed thousands of injury reports that occurred in Chile since October 18, 2019, when public protests descended into violence. Admist clashes, with the p6lice and military, this movement was propelled by high school students who called for a boycott of the subway, on October 7, after the government announced a fare
increase. The motto of the protests was, "Its not 30 pesos but 30 years," highlighting the dissatisfaction with the political and economic leaders from the start of democracy in 1990. They were asking for deep structural reforms, starting with changing the constitution. The protests broadened to reflect anger over living costs and inequality, leading to days of unrest. The situation quickly deteriorated, with the rise of the protests. On October 19, President Sebastian Pinera declared a state of emergency in several locations, restricting people movements, characterized by the uncontrolled use of violence and abuses by the national security forces, including disrespect of human rights as reported by Human Rights Watch. |
| Human Rights Violations Committed in Chile after the Social Outburst of "18-O" | Author : Ravanal Zepeda, Luis; Marin, Francisco | Abstract | Full Text | Abstract :We analyzed thousands of injury reports that occurred in Chile since October 18, 2019, when public protests descended into violence. Admist clashes, with the p6lice and military, this movement was propelled by high school students who called for a boycott of the subway, on October 7, after the government announced a fare
increase. The motto of the protests was, "Its not 30 pesos but 30 years," highlighting the dissatisfaction with the political and economic leaders from the start of democracy in 1990. They were asking for deep structural reforms, starting with changing the constitution. The protests broadened to reflect anger over living costs and inequality, leading to days of unrest. The situation quickly deteriorated, with the rise of the protests. On October 19, President Sebastian Pinera declared a state of emergency in several locations, restricting people movements, characterized by the uncontrolled use of violence and abuses by the national security forces, including disrespect of human rights as reported by Human Rights Watch. |
| Tear Gas and the Risks of Its Use in Police Water Cannons: A Lesson Learned from the Present Protests in Chile | Author : Macchiavello Macho, Roberto | Abstract | Full Text | Abstract :There is still a large gap between knowledge about the health effects of tear gas and other deterrent weapons and the absence of international guidelines regarding its use. This can result in injuries, disability and even death. Chemical irritants, used in the water of police water cannons, include a wide range of agents, the CS tear gas being most common. Apart from the eyes and facial classic effects, it can cause unpredictable skin reactions, such as chemical burns and hypersensitivity reactions. We review the health effects and legal medical aspects in relation to their use in the current protests in Chile. |
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