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When a medical professional or health worker fails to fulfill his or her duties and causes harm to a patient during his or her professional practice, it is considered that he or she has committed malpractice, so he or she will have to face charges in the area corresponding to the harm caused.
When a patient seeks how to act in the face of medical negligence and knows the type of fault, whether intentional or negligent on the part of the health professional, they can claim compensation for the damage or a penalty from the doctor, assistant or help staff, which can be fines. , suspensions or prison. Health professionals have medical responsibility in the following areas:
Although it is not penalized, health personnel have moral obligations such as respect for patients, providing help to injured people, providing care to pregnant women, etc. The patient can file a complaint if they receive degrading or disrespectful treatment, even if this has not caused damage to their health.
In the medical field, codes of ethics and Deontology are included, which consist of 93 articles that form ethical rules for honest practice and honorable conduct by members of the medical area. Non-compliance generates ethical breaches and sanctions depending on the severity of the offense committed.
Medical personnel are considered public service, so people who work in health institutions have administrative regulations, as well as duties and obligations to respect.
For a medical act to be criminally punishable, it must meet two requirements: that damage committed by action or omission is demonstrated and that said action is classified as a crime contemplated in the criminal code. Some circumstances exempt the health professional from criminal liability, such as accidents and actions without intent to harm the patient.
Crimes and misdemeanors are intentional or negligent actions or omissions, the penalties for which are established by law based on the intentional violation.
Manslaughter is considered when the death of a person is caused and is punishable by imprisonment for a period of no more than four years if the crime was caused by non-observance of the rules of their profession. If there are several victims of the same incident, the prison sentence can be up to six years.
For its part, culpable injuries are penalized with deprivation of liberty for a period of no more than one year or with a fine depending on the severity of the injuries.
This type of liability entails compensation to the injured person from the person who perpetrated the damage, which may be physical, moral or psychological. For this, the direct relationship between the negligent act and the damages suffered by the patient must be demonstrated.
At Lex & Co we have a comprehensive team to help victims of malpractice obtain fair compensation for work risk and repair of damage caused by health personnel. If you or someone close to you is going through one of these cases, call us and we will help you solve 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.