- What began as abdominal pain ended with the amputation of both legs, the removal of the uterus and an ovary in a patient due to medical negligence.
- The source of the problem was that the wrong procedure was chosen to remove the IUD.
- After a long legal process, it was concluded that the IMSS is responsible.
Patient care is complicated and that is why it requires so many years of preparation. It is necessary to acquire a great deal of knowledge and be prepared for any unforeseen event that may arise. At the same time, one of the greatest risks of the profession is to suffer a Medical negligence for all the consequences that it implies.
In this regard, the first thing to be clear about is that the National Medical Arbitration Commission (Conamed) is the instance that manages all the legal process related to any conflict between patients and doctors. It is the authority that leads the entire process of legal claims and is responsible for analyzing each case.
It is very important to review each case in detail because it is not always the responsibility of health workers. Sometimes everything is generated by the fault of the patients or by the institutions themselves that do not offer the minimum conditions for the fulfillment of the service.
When does a medical malpractice lawsuit proceed?
Based on the current legislation there are four cases for which medical malpractice claim and are next.
The existence of a legal duty
That is, any time a health care provider assumes the care or treatment of a patient.
duty was breached
It occurs when the health professional fails to undertake the standard of medical care. This part can be proven by expert testimony or by obvious errors.
If the medical breach caused an injury
According to the penal code, an injury is a crime against life and health that is committed by someone who causes damage to another that leaves a vestige on his body, alters his physical or mental health or causes death.
Damage
If during the investigation no damage of any kind, whether physical, economic or legal, is found, there is no basis for a claim, despite the fact that the doctor was negligent.
All of the above leads to a case that occurred in our country and which has had fatal consequences. through the document DGDDH/192/2022 of the National Human Rights Commission (CNDH) provides a summary of what happened.
Description of the medical case
The beginning of the case dates back to September 11, 2018 when an IMSS beneficiary went to UMF No. 9 in Querétaro. At that time she had severe abdominal pain that had not gone away for weeks.
After a review, she was diagnosed with a urinary tract infection and colitis. Although she was prescribed treatment, she never actually received X-ray or laboratory studies as indicated.
Because the pain persisted and even increased, the young woman had to return. After much insistence, she was sent to the Obstetrics and Gynecology area of Hospital Regional No. 1 in Querétaro and there they told her that it was necessary to remove her IUD because she was moving.
The inconsistencies continued because the operation was performed with forceps and not by curettage. Despite the intervention, the pain did not disappear and after a new check-up the young woman was diagnosed with acute low back pain.
The severity was increasing and because the patient’s life was at risk, the IMSS medical team chose to remove her uterus and an ovary. Additionally, both legs were amputated.
Final resolution: It was a medical negligence of the IMSS
After a long legal process The case was classified as medical negligence. Based on the case, the victim required the removal of the IUD because it was translocated. The problem is that an erroneous procedure was carried out that triggered a generalized infection and, consequently, the amputation of both legs, the removal of the uterus and an ovary.
For its part, the CNDH published a resolution requiring the IMSS to grant the young woman all the medical care she needs as a result of the permanent damage for life.
The document also emphasizes that free and immediate individual and family psychological or psychiatric care must be provided for the emotional and psychic healing of the young woman.