una revisión sobre mala praxis médica, derechos de los pacientes y prevención del riesgo sanitario

Abstract

Medical malpractice is a complex issue involving clinical, ethical, legal, and organizational dimensions, with an increasing impact on contemporary healthcare systems. Over recent decades, the understanding of healthcare-related adverse events has evolved from models focused primarily on individual responsibility toward system-based approaches emphasizing patient safety and healthcare risk management. The aim of this review was to analyze the concepts of medical malpractice and medical error, examine the current Argentine legal framework, and describe the main preventive strategies from the perspective of healthcare quality and patient safety. A narrative review of international scientific literature, institutional documents, and national regulations was conducted, including the Argentine Patients’ Rights Act (Law 26,529) and the Nicolás Law (Law 27,797). Available evidence indicates that adverse events are commonly the result of interactions among human, organizational, and systemic factors rather than isolated individual mistakes. In this context, effective communication, a strong physician–patient relationship, informed consent, accurate medical records, continuing professional education, adherence to clinical practice guidelines, and the implementation of patient safety programs are key tools for reducing preventable harm and medico-legal conflicts. It is concluded that malpractice prevention should be integrated into healthcare quality and patient safety policies, fostering an organizational culture focused on learning, continuous improvement, and patient-centered care. The most effective protection against malpractice remains the practice of evidence-based medicine delivered with ethical responsibility and a strong commitment to patient safety.