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We saw Dr Peñaló, as his
colleagues call him, so is the schoolmate,

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but it is Dr César Rivera who
calls the people who check them.

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One was given all the jurologist glaudio. And here we also have the lawyer,

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the lawyer who talks about the castilla
that I consume very often for the

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stomach and said the effects. I
stopped seeing traspati and now I' m

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living water or AIDS, like he
calls me to himself, because it can

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be taken. And the doctor explained
it, but not continuously. If there

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are many pods and one provokes the
fierce to see correct me to me told

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me one person, a doctor told
me a long time ago that the continuous

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consumption of that medication, of that
sheath also put a home me tutu of

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the caco. With the passage of
time you start to forget the thing and

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the sheath and said that you have
to take it, but under supervision and

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strict medical prescription. Actually yes,
there are some other days arts that every

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doctor closes s good morning the doctor
of the plane. There are some studies

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that talk about how the prolonged use
of these medications can cause some degree of

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dementia cini senile, yes, well, just like other medicines, such as

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the old carinics, are also.
There are some studies that say that prolonged

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and indiscriminate use of these medications can
lead to dementia. I still run out

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of water. Now to see if
I' ll get rid of all those

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really messed up drugs. Really the
grandfather who' s going to be commenting

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on diuresis. If diuresis increases,
there will be a lower plasma concentration of

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the medicine. I mean, God
said send a lot of urine. High

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term you all die I also have
John Arthur with us here. The doctor

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wanted to touch on the medical claims
that have been made and made public and

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that have had as sentences to hospitals
and doctors, and wanted us to invite

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Juan Arturo to also give a legal
perspective to this issue that they had.

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Today I saw in the newspaper list
a note written by the president of a

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foundation that the doctor' s name
seeks his name so as not to stay

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with him, that he had been
a long time and it is true I

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came to read in the two thousand
fifteen that this kind of sentence would arrive

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and that the doctors had to prepare
for this which we are seeing now.

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Well, I really do demand American
From my point of view, I understand

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it' s a right that the
patient has. If we work from the

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scientific method, the scientific method is
supposed to allow anyone who undergoes a medical

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treatment to actually verify their treatment,
because we also know that not in all

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individuals a treatment can work the same. And that' s why in some

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countries then there are therapeutic protocols that
if you follow those therapeutic protocols, then

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the verification part. There is automatically
nullified that happens in countries like Ours,

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that therapeutic protocols are adjusted to the
year two thousand a year, one thousand

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ninety- six, and some of
those of medical treatments and some of the

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surgical treatments, which are even stipulated
in our law, are subject to the

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year two thousand, when the law
was made forty- two one. And

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if we look at any of these
treatments today, in the 2, 000

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twenty- four, none are standard
for the treatment of many diseases, even

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at the time of the patient,
to seek medication coverage, procedure coverage,

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treatment coverage. Many times they receive
the refusal of the insurers, because what

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is the standard today was not the
standard in the year two thousand twenty,

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In the year two thousand pardons And
right now, many patients are demanding their

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right to be verified and to be
given a seclusion, either out of the

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doctors, out of the technical,
but a legal solution. What happens also

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in our country that, unlike other
parts of the world, we also do

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not have a specialized stay for this
type of problems, of these types of

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legal problems, And much of what
we ask as a specialist is that it

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is removed as decriminalization, but it
is good. Yes, sue me,

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sue me in the civil court that
you can, for example, have an

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economic sanction or a sanction, let' s say so, a suspension of

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the license, a suspension of the
license, what' s going on in

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other parts of the world. The
criminal is what I was reading exactly that

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and that' s what Ashley Cowboy, president of the Otor Cowboy Foundation,

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was talking about, was the one
who wrote and wrote about this in the

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year two thousand fifteen backwards, warning
that this could happen. So the criminal

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issue is what you, as a
doctor, understand should be what should be

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really discussed. It is the most
shameful thing for us to be treated in

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a criminal way. We' re
all going to be sued somewhere at some

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point in our career, that for
civilian, because it' s going to

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be for abuse. I don'
t expect it to be given to me,

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but we' re all going to
be subjected to some kind of research

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at some stage of our career.
I think we are all prepared and some,

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for example, in private practice we
have American protocols, we follow European

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protocols to try to have our practice. Let' s say the most strictly

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organized. The problem is that in
a Dominican court the American protocol to me

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is of no use to me.
The European protocol to me is of no

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use. I can have it as
an example. But when they' re

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going to judge me, they'
re going to judge me by an obsolete

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protocol. I' m not going
to offer an obsolete treatment. In the

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twenty- four thousand I' m
going to try to offer a treatment.

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For example, here we already have, thank God, Robot surgery. We

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already see a group of doctors who
are making the effort to prepare ourselves,

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certify ourselves and have international certifications to
use that device. But if we have

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an inconvenience, the Dominican legislation may
not contemplate that type of surgery and that

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complicates everything, complicates everything and everything
goes well. Maybe we don' t

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have a problem. When something goes
wrong, then maybe we have that weakness.

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Although, for example, in eighty- ninety percent of international medical associations

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already surgery with jrobot is accepted,
for example, for the treatment of many

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diseases. The medical school is right
now, I think it' s developing

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the best strategy by asking the state, asking the Supreme Court of Justice to

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design a specialized court to deal with
these cases, because it' s not

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that we don' t want it
to be dealt with, it' s

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not that we don' t want
to be sued, but rather that we

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submit that lawsuit process within a group
of people who understand what are the concepts

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that will develop in each type of
pathology and that it won' t be

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understood that a complication or an unwanted
result is a bad person, malpractice lawyer

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looks at the main problem that doctors
face today. When we go to both

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the civil code and the penal code
on these issues of liability, both civil

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and criminal, it is the own
wording that brings each of the codifications.

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Or do not remember that both the
civil code and the penal code that we

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have in force in the Dominican Republic, regardless of all the laws that have

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modified it over time. They are
19th- century codifications that came to Dominican

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Republic from ninety- nine percent of
what today medicine touches did not exist.

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There wasn' t, I mean, all these specialties, the scientific advances,

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not even the antibiotics yet I think
they were discovered. This codifications arrive

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in one thousand eight hundred twenty-
two to the Dominican Republic with the Haitian

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occupation and are then translated into Spanish, when, therefore, the country becomes

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independent in one thousand eight hundred forty- four. When you then go to

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the writing, you see that the
writing is extremely closed in the case of

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civil matter, it establishes that everyone
who causes harm to another has to repair

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it point. That is to say, basically that is the basis of civil

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liability in the Dominican Republic, although
later, since the code itself and the

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laws that have emerged over time,
are shaping a little bit this topic of

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civil and criminal responsibility, which is
what affects doctors in most cases, since

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the crime that is being prosecuted is
manslaughter in almost all of them that is

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contemplated in the three hundred and nineteen
and establishes to read it textually. Anyone

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who, for recklessness, inadvertentness,
negligence or inadmissibility of regulations, commits manslaughter

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or is an involuntary cause of manslaughter
shall be punished by a three- month

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to two- year prison term and
a fine. Obviously, there, within

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that group also fall the errors in
observance that is mentioned, but it could

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be interpreted as the doctor very well
points out that the use of protocols that

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are outdated so are those approved by
law, because they fall within the scope

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of involuntary homicide, a little you
are not using in principle the modern guidelines,

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in force and accepted internationally in the
field of medicine. So this complicates

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a defense for the doctor, because, regardless of whether they can fully verify

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that they followed the protocols that are
standing and that not only followed those,

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they followed those that are set out, for in Dominican legislations regulations at the

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time when the argument comes out,
but that is that those are regulations or

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are guidelines of the year two thousand. The judge is in criminal proceedings bound

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by his hands to rule only on
the basis of the evidence submitted to him

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and the law. There' s
no room in that sense. The judge,

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in order to maneuver, he'
s gonna have to convict the doctor.

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So, the doctor has followed the
right protocol and the result, unfortunately,

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that adverse result for the doctor now
too and that is one of the

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criticisms I think should be made and
that is that at all times we have

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to remember the mistakes. Neglect and
fair observance are indicting or are the genesis

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of liability, i e, regardless
of whether you have followed the entire protocol.

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Yeah, in that protocol. You
make a mistake, you are responsible,

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it is possible to be persecuted and
the discussion has to be there.

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I hear that, because the Dominican
medical school and the doctor and you too

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when we were talking out of the
air, they support the creation of a

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special jurisdiction to know, because of
medical cases. I am not so sure

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what kind of judges could make up
that special jurisdiction, because special jurisdiction is

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sometimes counterproductive. And I bring the
example of the military courts that existed in

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the Dominican Republic, where the military
ended up judging military and, as I

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forget, they say, between bombs
or they don' t step on the

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hose many times, because those soldiers
did not fulfill the responsibilities that the law

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determined those cases. Then I advocate
more than the creation of a special jurisdiction

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for the preparation of the justice agents, that there are agreements between the Dominican

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medical school and the National School of
the Judiciary to prepare better judges, that

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there are agreements between the Dominican medical
school and the School of the Public Ministry

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to prepare also prosecutors, that they
have knowledge of these aspects of medical responsibility

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and thus start to create jurisprudence and
start to have actors who know what they

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are talking about. In addition,
I believe that there needs to be a

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major medical certification campaign so that they
can be experts in court. The worst

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mistake doctors can make is to get
away from justice, get the experts out

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there. Obviously, out of the
doctors' solidarity, we' re not

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going to help hide other doctors.
That would be a mistake, because they

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are losing the only voice they have
in the judicial proceedings then and they could

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prevent the judge from unfairly, for
lack of understanding by the judge, reaching

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a conclusion or a sentence that,
in case it is, that the person

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is not responsible, the judge ends
up saying that I will not complirate goleto

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pepapan were sometimes convicted even for lack
of the judge not understanding it. It

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' s just that sometimes the times
are tied up with mach Yes, exactly,

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but you know that Thursdays, just
like everyone and all of us,

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are clear human beings and can be
possible to make a mistake. That'

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s why when the code was approved
to pre- empt the penalty that we

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have in force, the judge'
s intimate conviction was eliminated for exactly that.

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That is not part of the process
and the judge, as I said

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earlier, is obliged to rule on
the basis of evidence and is obliged to

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pass judgement on the basis of the
arguments that have been given to the Tribunal

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and what the law establishes on what
is being discussed. Dr César Rivera,

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okay. Right now, what we
have is, as you recommend us,

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even set out to create that group
of colleagues and colleagues who work in medical

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expertise. I understand that the number
of medical experts we have at the moment

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very few certificates to also give an
adequate response to many cases. Also right

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now there is a great wave of
doctors who have dedicated themselves to studying law

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and I understand that the medical school
should also gather those doctors almost as we

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meet the jurislogists, the surgeons meet, the doctors meet lawyers and also help

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design the strategy, not only to
benefit the doctor, but also to protect

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the patient, because really our raw
material, our quarry, are the patients,

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and we cannot create a barrier between
patients and make us enemies of patients,

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00:15:01,399 --> 00:15:05,120
make us enemies of the lawyers,
but see how we can these three

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groups of human beings meet, speak
the same language, establish review mechanisms,

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because I do not want to do
an irregular practice or do a practice that

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is not subject to scrutiny. Of
course, I also want it to be

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understood that I can make a decision. Even now the patient is given more

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participation in choosing certain treatments and starting
from what the patient chooses, we,

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as a doctor, then have to
follow certain guidelines and explain to the patient

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also each treatment that is chosen what
its chances of success are, what its

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00:15:46,000 --> 00:15:48,879
chances of failure are. What to
do if there is a failure? What

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other alternatives we have, because also
communication with the patient has been lost.

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Many of us have lost communication with
the patient, we have lost communication with

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00:16:00,799 --> 00:16:07,000
relatives and many times perhaps what triggers
bad taste in the family, which then

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00:16:07,080 --> 00:16:11,559
ends in an act of demand,
is that we do not have a fluid

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00:16:11,720 --> 00:16:18,279
and adequate communication. And the family
then, based on what the lawyers explain

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00:16:18,320 --> 00:16:22,960
to him, it' s going
to be that the lawyer founded or designed

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00:16:22,039 --> 00:16:27,200
a defense strategy for that family that
was wronged and in many cases, maybe

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00:16:27,200 --> 00:16:33,360
we, as a doctor, do
miss because we' re not human beings,

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00:16:33,399 --> 00:16:36,320
we' re going to be wrong. But I also understand that in

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00:16:36,360 --> 00:16:41,799
some of the cases, some of
the comrades were unfairly judged with situations that

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00:16:42,279 --> 00:16:47,279
even literature, what happens is that
they are not Dominican literatures, of course

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00:16:47,399 --> 00:16:51,919
they will not fail against him,
but are situations that are favorable to him,

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00:16:52,600 --> 00:16:56,600
that he did what he had to
do. I want to touch on

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00:16:56,679 --> 00:17:02,039
one aspect of what you mention author
on that subject. Of the thing the

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00:17:02,320 --> 00:17:07,200
informed consents that basically because once already
the patient, his family have been explained

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00:17:07,200 --> 00:17:14,400
all the possible consequences or benefits of
following a medical treatment they to give their

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00:17:14,799 --> 00:17:18,000
adqhacence of ok We accept it,
because they have to sign that informed consent

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00:17:18,039 --> 00:17:26,400
In the light of the courts.
Only the fact of your signing the informed

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00:17:26,440 --> 00:17:30,720
consent is not going. Why.
Because in the case of many professionals,

207
00:17:30,839 --> 00:17:38,440
especially doctors, in the contractual relationship
between the physician and the patient. There

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00:17:38,640 --> 00:17:45,160
are additional obligations that the physician,
as the expert in the field and has

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00:17:45,319 --> 00:17:52,559
knowledge that the ordinary person will not
have about medical aspects. Each element that

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00:17:52,640 --> 00:18:00,000
is part of a medical treatment should
be not only correctly explained, but correctly

211
00:18:00,400 --> 00:18:03,839
understood by the patient. That'
s very important. It' s not

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00:18:03,880 --> 00:18:07,359
just you telling him look, you
broke a bone, we' re gonna

213
00:18:07,400 --> 00:18:11,599
stick a metal plate in you,
we' re gonna move that arm,

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00:18:11,839 --> 00:18:14,359
a two- year treatment, we' re gonna follow you up or two

215
00:18:14,359 --> 00:18:15,079
years we' re gonna get the
plate out. It' s not just

216
00:18:15,079 --> 00:18:18,160
that. And if the guy who
puts his badge on it is raining it

217
00:18:18,240 --> 00:18:22,680
and pulls lightning and kills it,
the doctor is responsible no, because that

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00:18:22,799 --> 00:18:30,519
' s an unforeseen, it'
s impossible, it' s a possible

219
00:18:30,640 --> 00:18:36,200
crazy price that poque is going to
die, he goes away illegitimate doctor,

220
00:18:36,400 --> 00:18:37,680
that the family can say for that
madman we fell. No. No,

221
00:18:37,519 --> 00:18:41,279
no, already, that' s
a house of force majeure, impossible,

222
00:18:41,160 --> 00:18:48,319
exact camulas bastard, all bad,
bad, understood there if I am if

223
00:18:48,359 --> 00:18:52,599
not by the doctor in that case, because obviously that completely escapes control of

224
00:18:52,640 --> 00:18:56,519
the responsibility of the doctors, although
we have to see if the clinic in

225
00:18:56,559 --> 00:19:02,759
a bad installation or a suitcase outside. No, but that' s already

226
00:19:02,839 --> 00:19:07,440
a layer of doctors' control.
But yes. It is important to tell

227
00:19:07,480 --> 00:19:11,359
them who is listening to us and
they are seeing us that in the medical

228
00:19:11,400 --> 00:19:15,880
case, it is not only the
fact of you explaining to the patient what

229
00:19:15,039 --> 00:19:21,240
it is, the procedure, the
treatment that is going to follow, but

230
00:19:21,640 --> 00:19:25,200
to be absolutely sure that that patient
understands what you are telling him. There

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00:19:25,240 --> 00:19:29,640
comes into play many issues such as
the ability of a people to understand,

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00:19:29,839 --> 00:19:34,559
academic preparation, but unfortunately, that
is the standard against which professionals face people

233
00:19:34,720 --> 00:19:41,599
who do not practice that profession.
The same obligation is required of lawyers in

234
00:19:41,680 --> 00:19:45,359
many minimal details exact, not only
applied, but you understand me what the

235
00:19:45,440 --> 00:19:49,839
procedure is, and that is extremely
important when it comes to creating a defense

236
00:19:49,920 --> 00:20:00,519
when you go to court for this
kind of patient cases. There' s

237
00:20:00,519 --> 00:20:03,480
a question for me and it goes
for both of us. I mean,

238
00:20:03,759 --> 00:20:08,039
you got a case and you tell
him and you' re as a lawyer,

239
00:20:08,559 --> 00:20:12,039
you understand that this guy is responsible
for what they' re accusing him

240
00:20:12,039 --> 00:20:15,160
of and you tell him, look, they' re gonna convict you because

241
00:20:15,160 --> 00:20:18,839
you' re responsible. So your
job is to try to hurt him to

242
00:20:18,880 --> 00:20:22,359
the least conviction possible, because they' re going to convict him. Then

243
00:20:22,400 --> 00:20:26,960
you have a responsibility to tell him
that Stop saying that if you report it,

244
00:20:26,599 --> 00:20:30,799
he' s failing your right duty. The same happens when you receive

245
00:20:30,839 --> 00:20:33,720
a patient and the patient you know
that you have a disease that doesn'

246
00:20:33,720 --> 00:20:38,359
t go out and there that you' re not alive or you' re

247
00:20:38,400 --> 00:20:41,839
how you tell people to look,
you' re going to die of that

248
00:20:41,839 --> 00:20:45,640
cancer. My job is to alleviate
the disease process, but you have a

249
00:20:45,680 --> 00:20:51,079
disease that is no way. They
have that really moral and ethical responsibility,

250
00:20:51,559 --> 00:20:55,759
the doctor to inform you or you
can sell you if you sell life expectancy

251
00:20:55,759 --> 00:21:00,960
to that person, knowing that obviously, sometimes there are things that mysteriously work

252
00:21:00,039 --> 00:21:04,160
and there are people who heal themselves, but there is that obligation the medium.

253
00:21:04,400 --> 00:21:08,559
We are obliged in culture like our
own, for example. Usually that

254
00:21:08,599 --> 00:21:11,599
' s what we talk about with
the family. The patient is not directly

255
00:21:11,640 --> 00:21:15,720
told that it is a mistake for
me. It' s a mistake because

256
00:21:15,839 --> 00:21:22,440
it' s supposed to know what
the real problem is with the patient.

257
00:21:23,319 --> 00:21:29,279
But we often agree that the children
tell us no. Please don' t

258
00:21:29,359 --> 00:21:32,559
treat him before dad explains he doesn' t come to us. And if

259
00:21:33,039 --> 00:21:36,559
there are patients who have to tell
them they' re going to die,

260
00:21:36,799 --> 00:21:41,680
the issue of death in the clinic
is perhaps the most difficult issue for all

261
00:21:41,720 --> 00:21:47,839
doctors, but there are some treatments
that have high mortality. There' s

262
00:21:47,920 --> 00:21:51,119
another treatment that has low mortality,
but because of the fact that you have

263
00:21:51,200 --> 00:21:52,519
low mortality, you don' t
want to. He said that, for

264
00:21:52,519 --> 00:21:55,279
example, in circumcision, three percent
of what they submit to is going to

265
00:21:55,279 --> 00:22:00,680
die, that this is something that
is not yet misunderstood. I saw someone

266
00:22:00,720 --> 00:22:04,119
is not happening person what they cut
was the foreskin and that didn' t

267
00:22:04,160 --> 00:22:10,119
die and I saw a doctor say
it' s a mistake to talk about

268
00:22:10,160 --> 00:22:15,519
that low risk says everything or has
the human body at risk of death.

269
00:22:17,880 --> 00:22:22,240
Well, there' s one bigger
or smaller cup in another. That gives

270
00:22:22,359 --> 00:22:25,839
an idea that you' re playing
a lottery, but don' t sell

271
00:22:25,880 --> 00:22:29,759
yourself the idea that I put a
lot of this on the throne a simple

272
00:22:29,759 --> 00:22:32,000
surgery and it came out. It
came out like a white sheet up there.

273
00:22:32,599 --> 00:22:37,880
No surgical act is simple. No
surgical act is simple and I'

274
00:22:37,880 --> 00:22:41,400
m going to repeat it three times. No surgical act is simple. There

275
00:22:41,440 --> 00:22:44,880
are surgical acts, such as cardiovascular
ones, which have a higher mortality rate.

276
00:22:45,200 --> 00:22:51,000
There are surgical acts, for example, such as dermatological ones, which

277
00:22:51,079 --> 00:22:55,039
have a lower mortality rate. Ti
Len two copies, they don' t

278
00:22:55,119 --> 00:22:59,200
have endoscopy have their mortality rate.
I am not a gastroenterologist, but it

279
00:22:59,319 --> 00:23:03,680
has its fatal index of perforations of
the intestine, that is, there are

280
00:23:03,839 --> 00:23:08,119
a number of complications until leading to
the death of the patient than in the

281
00:23:08,119 --> 00:23:11,880
scientific method. When that study was
approved, they were identified. Over time,

282
00:23:12,160 --> 00:23:17,680
we have been improving technology, We
have applied other kinds of energies,

283
00:23:18,079 --> 00:23:22,920
even to work within the body,
to reduce risks and reduce mortality. But

284
00:23:23,079 --> 00:23:29,079
every surgical act, every medical act, even because there are medications that have

285
00:23:29,079 --> 00:23:33,759
side effects that we have determined and
that can also cause death. We are

286
00:23:33,759 --> 00:23:37,400
talking at the beginning of what was
to be eaten for the stomach and which

287
00:23:37,480 --> 00:23:44,759
is not recommended to be consumed intensively
and not consumed outside medical supervision. And

288
00:23:44,799 --> 00:23:48,920
there are people who get all that
stuff out of that sidekick. For example,

289
00:23:48,000 --> 00:23:52,880
about four or five years ago ranitydine, which was used more than homeprazo,

290
00:23:52,960 --> 00:23:56,799
even in countries such as this one
is totally discontinued by side effects.

291
00:23:57,000 --> 00:24:02,720
There are no more, and perhaps
countries like this still suit you because of

292
00:24:02,920 --> 00:24:06,640
a cost issue to continue using the
Ranity DI because if you start to see

293
00:24:06,759 --> 00:24:11,119
the rate of complications for how much
cost it could produce, perhaps in some

294
00:24:11,200 --> 00:24:12,400
parts of the country you might not
want to have a rank DE. But

295
00:24:12,799 --> 00:24:18,440
the state made the decision to take
them out radically, like other medicines,

296
00:24:18,440 --> 00:24:21,079
because of the side effects. But
it' s not that anything we'

297
00:24:21,200 --> 00:24:25,599
re going to do in a patient
is harmless. Everything can cause death.

298
00:24:26,519 --> 00:24:32,119
How it is determined, for example, in a surgical case and to establish

299
00:24:32,440 --> 00:24:37,720
legal responsibilities as it is being discussed, how it is determined then who had

300
00:24:37,759 --> 00:24:42,200
the responsibility to make a claim when
it is a case that is unique,

301
00:24:45,599 --> 00:24:48,519
an anesthesis, there are several,
there are several doctors involved in a problem

302
00:24:48,640 --> 00:24:55,920
buy that chergic exactly then how that
responsibility is taken when a patient wants to

303
00:24:56,000 --> 00:25:00,680
sue a me stalantecist. It'
s the one that cracks you, the

304
00:25:00,680 --> 00:25:04,880
one that passes instruments, the nurse
nurse who dries your sweat, and it

305
00:25:04,920 --> 00:25:08,720
goes exactly to establish. That'
s why you don' t see it

306
00:25:08,759 --> 00:25:11,440
in the film fas bad and in
a fatal case, for example, that

307
00:25:11,440 --> 00:25:17,400
the patient dies. They always say
mean negligence, medical negligence. Sometimes where

308
00:25:17,599 --> 00:25:21,160
the exact net arose to cite a
recent case of an eighteen- year-

309
00:25:21,240 --> 00:25:27,480
old boy who went to take out
some pieces to do an 18- and

310
00:25:29,200 --> 00:25:32,400
19- year- old orthodox work
and died of a heart attack from anesthesia.

311
00:25:33,279 --> 00:25:36,720
So there' s a problem there, because the doctor who' s

312
00:25:36,759 --> 00:25:37,839
supposed to do the surgery is one
and the one who' s going to

313
00:25:37,920 --> 00:25:41,680
nettify you is another. And in
that particular case, there we speak of

314
00:25:42,319 --> 00:25:45,599
dentistry Rome speaks in his case,
a urologist has to operate a prosto,

315
00:25:47,240 --> 00:25:51,599
for example, by ros, the
primary physician is the one who bears the

316
00:25:51,720 --> 00:25:56,640
full responsibility first. I, as
a surgeon who brings a patient to the

317
00:25:57,079 --> 00:26:00,279
O R, have all the responsibility
for the passage. I' m supposed

318
00:26:02,400 --> 00:26:06,200
to certify that the anesthesiologist there is
certified, that my assistant is certified,

319
00:26:06,920 --> 00:26:10,720
that the center where I' m
going to operate also has all the certifications.

320
00:26:10,759 --> 00:26:15,640
I, as a GP, am
primarily responsible for what happens in that

321
00:26:15,680 --> 00:26:18,279
act. So r they' re
there in even reported. Residents are not

322
00:26:18,319 --> 00:26:22,200
responsible. They' re coming like
a waterfall. At the time of submission,

323
00:26:22,359 --> 00:26:26,400
you were first, then the medical
center and then you are going to

324
00:26:26,440 --> 00:26:30,519
split up, when then here,
in the first instance, the patient goes

325
00:26:30,519 --> 00:26:36,559
there Nazif z does the first expertise, which is to do the autopsy.

326
00:26:38,039 --> 00:26:41,440
After that then the medical record is
sought, an optosia is also done to

327
00:26:41,519 --> 00:26:47,079
the medical network Cold. That'
s where the medical school experts come in,

328
00:26:48,240 --> 00:26:52,680
and between the part that Linazif delivers
and what the medical experts do.

329
00:26:52,680 --> 00:26:57,880
Then responsibilities begin to be established in
our country. Residents have no responsibility.

330
00:27:00,640 --> 00:27:04,359
Residents are in training, they have
to depend on me in every act that

331
00:27:04,480 --> 00:27:10,160
a resident is. For example,
I am a resident coordinator and no resident

332
00:27:10,279 --> 00:27:17,279
of my residence operates alone or does
anything. Only if he went crazy and

333
00:27:17,400 --> 00:27:22,759
went out there and if any good
supervision of my super already, he has

334
00:27:22,839 --> 00:27:26,880
to something that excited right now.
The graduate was very good, and we

335
00:27:26,920 --> 00:27:30,759
have to get out of the head
that that four gives us authority to do

336
00:27:30,799 --> 00:27:36,200
everything. In nineteen hundred that four
allowed me, as a doctor, to

337
00:27:36,200 --> 00:27:38,720
give birth, perhaps me for my
basic training. If there' s an

338
00:27:40,079 --> 00:27:42,680
emergency, I can act on the
lemeniza, but if it got to a

339
00:27:42,720 --> 00:27:47,440
gynecologist, I have to let that
gynecologist do his job. If you have

340
00:27:47,480 --> 00:27:51,039
an emergency situation and I can diagnose
an infant, because I know chest pain

341
00:27:51,119 --> 00:27:56,039
or its duration, that state of
agitation is the bras parrot removed. I

342
00:27:56,079 --> 00:28:00,440
have to taste good for the arm
hurts the left. I have to know

343
00:28:00,480 --> 00:28:04,640
that his heart attack was already a
nemotemia that was cute, where one had

344
00:28:04,720 --> 00:28:07,920
also the monkey or one didn'
t know what the treatment was, and

345
00:28:07,960 --> 00:28:11,720
I can start it. Now having
I' m going to go out there

346
00:28:11,799 --> 00:28:18,240
I' m a durologist, cardiologist, gin costotra, pulmonologist and to do

347
00:28:18,279 --> 00:28:22,279
everything I understand that I can do
the table already we have to get that

348
00:28:22,480 --> 00:28:26,839
out of our heads and finally,
to see the legal part of the question

349
00:28:26,000 --> 00:28:30,400
of tea, following what very well
the doctor indicates once the processes have finished,

350
00:28:30,640 --> 00:28:36,599
already of the autopsy and the expert
that is carried out, to determine

351
00:28:37,279 --> 00:28:42,920
exactly where the failure occurs, the
negligence or that that simple person simply had

352
00:28:42,960 --> 00:28:49,440
bad luck at that time. That' s where we lawyers come in and

353
00:28:49,519 --> 00:28:53,720
determine who we' re going to
sue, because many times in court what

354
00:28:53,720 --> 00:28:59,839
you do is a discard. Suppose
that in the process one cannot directly point

355
00:29:00,039 --> 00:29:06,359
out any of the doctors or medical
personnel who was involved in the surgical procedure.

356
00:29:06,960 --> 00:29:11,640
So my irresponsibility as a lawyer is
to sue everyone the devil I sue

357
00:29:11,720 --> 00:29:15,319
the clinician or the hospital, you, I command the doctor of pru te,

358
00:29:17,039 --> 00:29:19,559
I command the residents who were there
under his supervision, I sue the

359
00:29:19,559 --> 00:29:25,279
anesthesiologist of command to the nurse,
I demand even the people who clean the

360
00:29:25,279 --> 00:29:27,119
room, the one who brought him
breakfast, Jedda, who could not have

361
00:29:27,200 --> 00:29:30,920
breakfast, died with the do and
I present then themselves. So, I

362
00:29:32,000 --> 00:29:36,720
don' t know that this I
present the facts and my evidence of what

363
00:29:36,720 --> 00:29:41,000
happened. Why I point out that
they are all jointly responsible. So they

364
00:29:41,079 --> 00:29:45,319
are equally responsible and then they have
the technical defense in the doctors' courts,

365
00:29:45,440 --> 00:29:49,680
to end who is the possible responsibility
or to defend that no one was

366
00:29:49,799 --> 00:29:56,079
responsible in that case. So there
the judges, which is the importance of

367
00:29:56,119 --> 00:30:00,000
the experts, because they are the
doggies that the judges will illustrate. What

368
00:30:00,039 --> 00:30:03,640
' s the situation? The expert
is going to take the judge, to

369
00:30:03,759 --> 00:30:07,200
be inside that surgical room, where
procedure is being done and he will explain,

370
00:30:07,599 --> 00:30:11,240
step by step, what the procedure
is and where the errors might have

371
00:30:11,279 --> 00:30:15,839
been or if there was no error. That' s why I said right

372
00:30:15,839 --> 00:30:18,920
now. It' s a mistake
to pretend now that medical experts are taking

373
00:30:18,960 --> 00:30:26,680
out of the media in solidarity with
doctors because they share that view, because

374
00:30:26,039 --> 00:30:30,000
you' re getting your voice out
of the judicial process and you' re

375
00:30:30,079 --> 00:30:34,160
letting it be the judge, who' s not an expert in medicine,

376
00:30:34,279 --> 00:30:40,200
who makes the decision based on what' s being presented to him alone and

377
00:30:40,279 --> 00:30:41,319
essentially using the law and applying it
exactly as it is written. Then.

378
00:30:41,599 --> 00:30:47,279
That' s why the lawyer'
s role has to be there in that

379
00:30:47,279 --> 00:30:49,119
case. If I' m representing
the plaintiff, I' m going to

380
00:30:49,160 --> 00:30:52,359
hold everyone responsible so that it'
s the judge who, through his decision,

381
00:30:52,400 --> 00:31:00,720
says look. The doctor Cabecera was
not responsible because he followed the protocols

382
00:31:00,720 --> 00:31:03,920
of the place. The residents were
not responsible because I never laid hands on

383
00:31:03,960 --> 00:31:08,480
the patient. The anesthesiologist was responsible
because he passed to the extent of the

384
00:31:08,519 --> 00:31:12,160
anesthesia he had, since he had
to inject it. Then download everyone and

385
00:31:12,160 --> 00:31:18,640
the anesthesiologist is held responsible and is
the possible convicted in that case. Or

386
00:31:18,720 --> 00:31:22,119
it could be that the doctor who
is operating makes a deeper cut than was

387
00:31:22,119 --> 00:31:26,079
initially thought a mistake. Or whatever
the carota is and where the croons are

388
00:31:27,039 --> 00:31:32,720
The neck happens, that is,
mistakes happen, unfortunately, and the judge

389
00:31:32,799 --> 00:31:37,559
understands that none of us are responsible. It is responsible for the doctor who

390
00:31:37,559 --> 00:31:42,200
was, therefore, caring for that
person who we are operating on the residents

391
00:31:44,279 --> 00:31:48,200
quickly, as you describe it,
between the residents and the doctor who is

392
00:31:48,240 --> 00:31:55,400
in charge of them there is a
preposed committeeing relationship We have talked here that

393
00:31:55,480 --> 00:31:56,720
this is a relationship that is similar
to that of the artisans with their apprentices.

394
00:31:57,680 --> 00:32:05,240
He' s going to be responsible
for what residents do based on his

395
00:32:05,279 --> 00:32:10,839
instructions. If that resident goes out
operating people out there and the doctor doesn

396
00:32:10,920 --> 00:32:14,720
' t know it until a mess
explodes, he can' t be responsible

397
00:32:14,759 --> 00:32:17,200
for that ever or ever, but
what happens in that hospital, in that

398
00:32:17,279 --> 00:32:22,279
clinic, under the supervision of the
crag, the head of the residents,

399
00:32:22,039 --> 00:32:25,759
who heads them, who determines what
their duties are going to be over the

400
00:32:27,200 --> 00:32:31,640
course of a day the mistakes they
make. He' s going to answer

401
00:32:31,680 --> 00:32:37,880
that that' s what breaks the
criterion that you' re going to pay

402
00:32:37,160 --> 00:32:39,759
for the responsibility for what you do. That' s one of the exceptions

403
00:32:39,799 --> 00:32:43,960
we' ve talked about here some
juantos, parents with minor designs, animal

404
00:32:44,279 --> 00:32:47,839
owners know animals, they hurt other
people. In the case of parkers who

405
00:32:49,839 --> 00:32:54,359
are employees of restaurants or super treated
companies to provide that service, we have

406
00:32:54,480 --> 00:33:00,880
mentioned it here on several occasions.
Then that relationship with the chief doctors and

407
00:33:00,920 --> 00:33:05,559
their residents, because it also falls, falls within those exceptions. There'

408
00:33:05,920 --> 00:33:07,680
s a date, there' s
a little thing and it' s a

409
00:33:07,680 --> 00:33:14,720
lot. This and it is our
daily bread. For example, where would

410
00:33:14,799 --> 00:33:20,839
the medical diligence enter this question of
demand, which is why there are people

411
00:33:20,880 --> 00:33:25,880
who take a sick patient to an
emergency, but then they find the picture

412
00:33:25,920 --> 00:33:31,000
that always presents the nurse drinking coffee
over there the guy the doctor, when

413
00:33:31,000 --> 00:33:35,359
it appears that you have to make
a deposit and if you don' t

414
00:33:35,440 --> 00:33:40,319
get it exactly happens the patient dies. In what is presented the case that

415
00:33:40,359 --> 00:33:45,119
the guy grabs and deposits the money
that has to be deposited in the box

416
00:33:45,160 --> 00:33:49,480
to be cared for that the nurse
finishes seeing that his coffee, that the

417
00:33:49,480 --> 00:33:52,880
resident doctor pairs that it is that
I that thing that you have to bring

418
00:33:52,880 --> 00:33:59,480
him a receipt certifying that you deposited
that money, the patient dies waiting for

419
00:33:59,480 --> 00:34:06,119
attention. Attention then how to proceed. There' s medical negligence. That

420
00:34:06,200 --> 00:34:08,400
' s where the entire clinic is
demanded with the entire doctor up to the

421
00:34:08,400 --> 00:34:14,039
trucker. As the good law says
in that case, for example, there

422
00:34:14,280 --> 00:34:19,400
is already non- observance. That
is negligence and if that usually happens the

423
00:34:19,480 --> 00:34:24,000
times that has happened, the center
is always sued with all the actors.

424
00:34:24,119 --> 00:34:28,639
It' s a practice that I
understand has declined a lot in the Dominican

425
00:34:28,639 --> 00:34:36,480
Republic. Here too, we have
to understand that bureaucratic procedures also often complicate

426
00:34:36,519 --> 00:34:42,480
emergency care, because we have sometimes
oversaturated emergencies with patients who do not want

427
00:34:42,679 --> 00:34:47,719
to go to the clinic, and
that oversaturation makes it many times when a

428
00:34:47,840 --> 00:34:52,320
real emergency arrives. If I am
already taking care of you and I see

429
00:34:52,320 --> 00:34:53,559
that there is very missing, you
are not going to want me to go

430
00:34:53,559 --> 00:34:58,800
well, because you understand that your
problem is more serious than King two.

431
00:34:59,039 --> 00:35:01,039
And that' s what happens in
eighty or ninety percent of the misunderstandings you

432
00:35:01,159 --> 00:35:06,920
see in those situations. Many times
immenence has an internist, they have a

433
00:35:06,960 --> 00:35:09,599
pediatrician and a general practitioner. The
piatrata with children, the internetta with adults

434
00:35:09,639 --> 00:35:15,760
or the emergenciologist. Thank God,
we already have the medicologist in our country

435
00:35:15,800 --> 00:35:20,840
and we often waste more time on
the emergency with situations that are not emergency,

436
00:35:20,960 --> 00:35:24,239
for example Mitaliti. Mentrual pains are
fading. That' s what'

437
00:35:24,280 --> 00:35:27,960
s in the emergency. It'
s here right now and really when a

438
00:35:28,400 --> 00:35:31,440
real emergency patient arrives, we have
to divert all the time. Sometimes in

439
00:35:31,480 --> 00:35:35,800
an ambitalid and you will understand proximism
you have ambita Liti and I will help

440
00:35:35,800 --> 00:35:39,039
you of the night I attend.
I have insurance first. I got here

441
00:35:39,039 --> 00:35:44,920
first. But we have to start
making proper use of the emergency. For

442
00:35:44,920 --> 00:35:46,519
example, in another part of the
world, the use of the emergency is

443
00:35:46,599 --> 00:35:50,719
paid by the patient. Here,
unfortunately, the use of emelence is paid

444
00:35:50,840 --> 00:35:58,159
for by insurance and all the emergency
so full the scoundrel already finally with you

445
00:35:58,159 --> 00:36:04,880
exactly. It will seem that if
bureaucratic processes are so unreasonable with regard to

446
00:36:05,159 --> 00:36:09,960
other hospitals or other clinics in the
same situation. That, then, creates

447
00:36:10,000 --> 00:36:15,440
responsibility for the medical center. I
mean, that' s the first thing

448
00:36:15,800 --> 00:36:20,360
you see if all the bureaucratic processes
you have are exactly the same as those

449
00:36:20,400 --> 00:36:23,559
of MEDIA or if they' re
more complicated, longer and more tedious,

450
00:36:24,000 --> 00:36:30,760
because that could create responsibility for the
clinic of the medical center in general.

451
00:36:30,199 --> 00:36:34,559
And so, as the doctor put
it right, the case of non-

452
00:36:34,719 --> 00:36:36,920
observance of the doctors of the sick
woman said check it out. Now,

453
00:36:36,880 --> 00:36:39,800
since I' m seeing a coffee
or whatever time of Almo lady almo,

454
00:36:39,920 --> 00:36:44,440
it' s done, give me
a second, I' m going and

455
00:36:44,440 --> 00:36:49,440
you twisted a whole pain there'
s until you die, because then that

456
00:36:49,480 --> 00:36:51,440
too could generate responsibility for everyone who' s that amargent. I went in

457
00:36:51,440 --> 00:36:52,280
exchange for a jeck and the one
who got it to me went to comay.

458
00:36:52,400 --> 00:36:55,920
He didn' t tell me anything
and the check in another box and

459
00:36:55,960 --> 00:37:00,000
an hour I' m waiting for
my check to be changed had confirmed it.

460
00:37:00,159 --> 00:37:04,400
Thank you, Dr César Rivera,
thanks to Von Arturo, he'

461
00:37:04,440 --> 00:37:06,280
s going to apologize to Dr Fo
who asked you to come, but you

462
00:37:06,280 --> 00:37:07,559
have to come tomorrow. We need
to talk about NBA. All right,

463
00:37:07,480 --> 00:37:12,079
we need to talk about never-
ending problems, but we always thank you

464
00:37:12,119 --> 00:37:15,119
for the availability. I think the
audience is pretty clear about what' s

465
00:37:15,119 --> 00:37:21,199
going on. I myself was in
error in many concepts. I' m

466
00:37:21,239 --> 00:37:22,079
not a doctor, I' m
not a lawyer. I now have a

467
00:37:22,159 --> 00:37:24,920
clearer idea of this issue. That' s why I haven' t talked

468
00:37:25,440 --> 00:37:29,119
about him much, because I didn' t. I think that the criteria

469
00:37:29,119 --> 00:37:31,480
are enough to give me a clear
view of what is going on. And

470
00:37:31,599 --> 00:37:37,360
I do agree with what the doctor
is proposing and I fully support that here

471
00:37:37,400 --> 00:37:45,199
we have to review from the protocols
to how these kinds of actions are being

472
00:37:45,280 --> 00:37:49,960
pursued and punished, which I think
are excessive and should only be admissible in

473
00:37:50,000 --> 00:37:55,320
exceptions, exceptions where the intention I
know exactly is to harm, because no

474
00:37:55,400 --> 00:38:00,159
doctor. I have a lot of
medical friends and we see ros with it

475
00:38:00,440 --> 00:38:05,599
and I share and know that they
are all good people. No doctor studies

476
00:38:06,639 --> 00:38:09,880
this career with the intention of taking
life, but of giving it and helping

477
00:38:09,920 --> 00:38:14,559
to improve it. Then it'
ll be the doctor' s feeling.

478
00:38:14,559 --> 00:38:17,119
And for any nonsense and you'
re going pana hayo I imagine it'

479
00:38:17,159 --> 00:38:21,519
s a face on your back as
professionals as well and in your conscience you

480
00:38:21,519 --> 00:38:23,679
pussy. But it' s just
that I feel like I' m stealing,

481
00:38:23,760 --> 00:38:25,599
that I feel like a pussy,
and that I was a potential criminal.

482
00:38:25,800 --> 00:38:27,920
And it' s not like that. It' s not like that.

483
00:38:28,159 --> 00:38:30,480
So, doctor, thank you,
Juan Arturo, thank you. We

484
00:38:30,719 --> 00:38:34,800
' re gonna put this on YouTube. We were discussing the issue of medical

485
00:38:34,880 --> 00:38:37,280
demands here at the rhythm of the
morning, with Dr César Rivera, urologist

486
00:38:37,360 --> 00:38:42,000
and Juan Alturo, his lawyer,
who is the doctor. The doctor'

487
00:38:42,039 --> 00:38:44,719
s going on a trip again,
but you' re going to a doctor.

488
00:38:45,000 --> 00:38:46,000
We' re going to San Antonio, Texas. Look at me,

489
00:38:46,599 --> 00:38:50,400
but for God' s sake,
my God, this year he' s

490
00:38:50,400 --> 00:38:53,519
traveled you more than I have.
I haven' t gone out twice We

491
00:38:52,199 --> 00:38:53,519
' re already here.
