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Although the institution would like to deny it, most Mexicans are aware of the bad practices that are commonly performed at the Mexican Social Security Institute (IMSS), either because they have suffered mistreatment themselves or because family members or friends have been the victims. Medical malpractice has many faces, if we are fortunate enough not to need public health services and have never suffered from negligence by doctors or other health professionals, we will surely have heard or read several cases, which seem like horror stories, that are not solved or are solved until several years later.
A few years ago the Supreme Court of Justice of the Nation issued a ruling that established the guidelines to establish the reparation of damages caused by malpractice in the exercise of health services provided by the IMSS; an affected person has the right to the following legal actions:
Suit against the IMSS for the corresponding patrimonial responsibility; that is to say, it is possible to claim payment for the physical and moral damages, as well as the payment of the necessary expenses so that the affected patient (in case he/she has not died) receives the necessary treatment until he/she heals, or for life if the sequels merit it.
Criminal lawsuit against the doctor who incurred in malpractice.
Civil lawsuit against both the IMSS and the doctor who committed the malpractice, demanding the payment of physical and moral damages.
Malpractice has consequences that range from a wrong diagnosis, contraindicated medications, to amputation of limbs, disabling damage to the patient or death; even though the IMSS has tried to hide or cover up these cases, they are known and happen more frequently than we imagine. When going through a situation like this, it is possible to file an administrative complaint for the IMSS to punish the doctor by means of a reprimand, fine or dismissal; however, very few times this happens, either because it is not known where to sue the IMSS or for other reasons, so it is recommended to seek advice through institutions such as Conamed or directly with lawyers for a faster and more satisfactory resolution.
If you need to file a complaint for irregularities committed by IMSS service providers in the performance of their duties, you can contact the IMSS Internal Control Organ at 01 800 623 2323 option 6, from 09:00 to 17:00 hours, working days from Monday to Friday. It is very important not to let cases of negligence go unpunished, since both physicians and institutions must know that these behaviors will not be tolerated and may cause personnel to lose their jobs, go to jail and pay for the reparation of damages caused by their bad practices.
In Lex & Co we are expert lawyers in medical malpractice, we have a team of specialists to provide a better service; if you or someone close to you has been a victim of these institutions, call us and tell us your case.
Carlos Figueroa Rodríguez, attorney at law at Lex & Co. He has more than 10 years of experience in specialized cases involving medical malpractice and insurance claims. He is a graduate of the Universidad Anáhuac and has a Master’s Degree in Constitutional Law and Amparo from the National Bar Association. He also has a Doctorate in Juridical Sciences from the UCI Mexico. Professional license 6577215.
