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Damage to health as non-pecuniary damage

Damage to health is one of the three non-pecuniary damages that can be repaired, together with moral damage and damage to constitutionally and conventionally protected goods.

Damage to health has had an interesting evolution, and the Council of State decided at first that there were some alterations to the human being (
psychophysical integrity
) and that these affectations deserved a reparation from the logic of civil liability in addition to the moral damage, which was called physiological damage.

In the year 2000, physiological damage disappeared as an independent item and was renamed damage to life in relation because it is more all-encompassing. This damage to life in relation consisted of the suffering caused to the human being as a social being, that is, the impossibility of relating to the outside world in the conditions in which he did. In this way, physiological damage was incorporated as one of the forms of damage to life in relation, this damage could be received by the direct victim and also by the indirect victims, thus broadening the spectrum of damage causation.

In 2011 the Council of State established that damage to health could no longer be recognized within the damage to life in relation, because they were two different things, thus deciding that damage to health should have its own compensation, meriting it from a constitutional perspective.

In the development of the autonomy of the damage to health, this began to be recognized only to the direct victim of the damage and not to the third parties affected or to the indirect victims, being these reparable only for the damage to life in relation when they had demonstrated the damage derived from the injury of the direct victim. However, with the unification rulings of 2014, indirect victims will no longer receive reparations for damage to life in relation, since this item disappears.

Finally, with the unification rulings, the damage to health is recognized only to the direct victim.

If you need legal advice on this matter, you can consult us in the whatsapp button or our contact section. Cuadro Legal, law firm in Medellin.

By: Gianna María Negrete Castillo

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