How to sue the ISSSTE for medical negligence?

The saturation in public health services has unfortunately caused an increase in cases where patients are victims of medical negligence. The Institute of Security and Social Services for State Workers (ISSSTE) is one of the entities with the highest number of complaints and demands imposed due to poor service and professional misconduct caused by medical personnel.

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How to sue the ISSSTE for medical negligence?

When a patient is a victim of medical negligence, he or she can file a lawsuit to repair the damages caused by said fault. To initiate a lawsuit or complaint against the ISSSTE, you must proceed as follows:

1. Sue the ISSSTE to claim payment of monetary compensation for physical or moral damage, and if there was no death, request payment of the expenses incurred so that the patient receives good medical care for treatment until he or she is healthy.
2. File a lawsuit against the doctor who committed the negligence.
3. File a claim against the ISSSTE and also the responsible doctor. According to a resolution of the Supreme Court of Justice of the Nation, the ideal way to make a claim for patrimonial and moral damage to public service doctors is through an administrative lawsuit.
4. File a complaint with the National Medical Arbitration Commission (CONAMED), although this complaint has no legal validity since the commission only acts as a mediating body between both parties.
5. Initiate a complaint with the ISSSTE authorities. According to the institute, patients can express their dissatisfaction due to a refusal, impossibility or administrative or medical deficiency for the provision of services in one of its clinics or hospitals, through said complaint they may or may not request payment of a refund. or compensation for those medical expenses that have been incurred in particular services.

To proceed with said complaint, the person must present official identification, a document that supports the narration of the event, if they are claiming payment of external medical expenses, they must bring a medical summary from the personnel who treated the patient and all the studies carried out, as well as the invoices that prove said expenses.

Once you have all the documents, you can start the process at the Rightsholder Attention and Social Communication Unit of the State and Regional Delegations that corresponds to you.

If you have a medical negligence case against the ISSSTE, the first step is to immediately go to a specialist in cases of medical malpractice, since you will be able to receive the correct advice to help you proceed legally.

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At Lex & Co Legal Firm we have extensive experience in pursuing medical negligence and workers’ compensation cases, so we can help you ensure that your case receives the justice it deserves.

Contact us and tell us what your situation is. We will advise you and accompany you until you reach the resolution of your case.

Lic. Carlos Figueroa Rodríguez

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.