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Whether malicious or due to lack of knowledge, medical malpractice causes damage to the health of the affected persons. Health personnel must exercise their profession correctly in order not to violate the fundamental principles of the constitution: the right to health.


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General overview of the problems in the regulation of medical malpractice in Mexico

In countries such as the United States, legislation allows patients to sue health professionals who have caused damage to their health. However, false accusations by many patients have caused organizations such as the National Human Rights Commission (CNDH) to allow them to protect themselves against false accusations, under the premise that doctors are likely to commit human errors that do not merit a sanction that affects their careers.

The mechanisms for resolving problems between patients and health professionals are through medical arbitration bodies such as Conamed, which acts as a mediator to resolve conflicts between users and providers of medical services to prevent problems from escalating to the institutions of justice.

However, these bodies do not resolve all conflicts, which contributes to the impunity of medical service providers who have affected the health and integrity of thousands of patients.

Article 4 of the Political Constitution of the United Mexican States also stipulates the universal right to health as a state of physical, mental and social well-being, not only as the absence of disease.


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Penalties for malpractice

In 2021, an initiative was presented to reform the General Health Law and the Federal Criminal Code in matters of medical arbitration and patient rights, which establish:Article 83 Bis 6. The Conamed will be the conciliatory body for the resolution of conflicts.Health professionals will be responsible for the crimes committed in the exercise of their profession, for which they will receive a punishment of six to five years in prison and a fine of 5 to 25 times the current UMA and will have the obligation to repair the damage for their own acts and those of assistants who act according to the doctor’s instructions.

In addition, their practice shall be suspended for a period of one month to two years and the suspension shall be definitive in case of recidivism or permanent injuries, death or permanent damage to the immune system.Article 229. The preceding article shall apply to physicians who fail to provide health care to their patients because of ethnic origin, gender, sexual orientation, migratory status, socioeconomic status or other vulnerable conditions. In addition, this situation will give rise to an aggravation of the penalty, especially if the neglect was committed against a child or adolescent.

Article 229 Bis states that the penalty for medical malpractice or negligence that endangers the patient’s life, causes the loss of a limb, impairment of a bodily function or death will be aggravated in case it is committed against a child or adolescent.


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Reach out to LEX & CO

If you or someone in your family has experienced such a situation, turn to the experts at LEX & CO. We are medical malpractice attorneys and will help you obtain just compensation and reparations. Request more information about our services through our contact form or WhatsApp button. Know the Art of Winning.

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