How to confront the judicialization of medicine: THE CHILEAN SUCCESSFUL EXPERIENCE

The judicialization of medicine has become a global phenomenon that significantly impacts medical practice and the physician–patient relationship. In Chile, this process emerged in the 1990s, prompting the Chilean Medical Association (COLMED) to establish, in 1995, the Legal Assistance Foundation (FALMED), a pioneering institution in Latin America dedicated to medico-legal defense, it consisted in bringing together lawyers into an organization led by physicians, specialized in health law. With over 30 years of experience and more than 6,000 lawsuits handled, and having achieved a 99% success rate in the defense of cases involving alleged medical malpractice, the Chilean model demonstrates that an interdisciplinary approach—based on cooperation between physicians and lawyers—provides effective strategies to address judicialization through legal defense, prevention, and education. FALMED has incorporated medical concepts into the legal field, such as Lex Artis , prophylaxis, and ethics, while promoting innovative strategies for prevention and de-judicialization, including medic-legal education, clinical practice guidelines, and the management of pre-trial stages. In 30 years of practice we have sponsored and completed 5,142 civil and criminal lawsuits for alleged malpractice in defense of physicians and in 5,093 (99%), medical liability could no be proven. In conclusion, the successful Chilean experience offers a replicable model that bridges medicine and law, strengthening the quality of clinical practice and safeguarding patients’ rights.