- Regardless of preparation, all health professionals are liable to fail at any time.
- All differences of opinion between medical staff and patients are addressed by Conamed.
- A mistake committed in 2016 by surgeons at the ISSSTE General Hospital “Querétaro” led to the death of a patient who came to remove the gallbladder.
The work of health professionals is of great relevance to serve and care for the integrity of others. Despite their high capacity, it cannot be overlooked that they are people and they are exposed to making different mistakes. But regardless of the excuses, nothing can cover a mistake made by some surgeons from the Institute of Security and Social Services for State Workers (ISSSTE).
In order to care for patients, it is mandatory to overcome a long road full of obstacles. Although regardless of the preparation that is counted on, in the end everyone is exposed to suffering a medical malpractice claim.
Who addresses the differences between doctors and patients?
In this case, whenever there is a difference between patients and doctors, it is necessary to go with the National Commission of Medical Arbitration (Conamed). Based on current legislation, there are four cases for which a lawsuit of this type proceeds.
The existence of a legal duty
That is, each 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 care. This part can be proven by expert testimony or 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 in their body, alters their physical or mental health, or causes death.
Damage
If during the investigation no damage of any kind is found, be it physical, economic or legal, there is no basis for a claim, even if the doctor was negligent.
Description of what happened
All of the above leads to a serious mistake made by surgeons in the General Hospital “Querétaro” of the ISSSTE. It all started on August 5, 2016 when a 79-year-old man came for the removed from the gallbladder.
According to the victim’s relatives, he was provided with a poor-quality service full of irregularities. It is even accused that as a result of the deficiencies during the procedure the patient died 10 days later due to septic shock and organ failure.
In addition to all of the above, the saddest point in the story occurred during the body cremation. According to the plaintiffs, the funeral home staff found a pair of scissors inside the body of the deceased that the surgeons left “forgotten”.
A 79-year-old person underwent surgery to remove his gallbladder and died as a result of medical irregularities; In addition, in her cremation, scissors were found in the cremated body.
Consult the #Recommendation about it 👉🏾 https://t.co/XdJibx0OlF#DefendAlPueblo pic.twitter.com/71tY4r7fa1
— CNDH in Mexico (@CNDH) January 16, 2023
From then on, a long legal procedure began against the alleged perpetrators. In the first instance, Conamed affirmed that there was no negligence, consequently, said file was concluded as an “unreconciled matter”.
The process was not concluded because the victim’s next of kin challenged the resolution before the National Human Rights Commission (CNDH). Therefore, another process began and only in 2023 was a new conclusion reached.
The difference is that the resolution was reached that the ISSSTE surgeons Yes, they were responsible for several mistakes during the care of the elderly.
Due to the foregoing, it was established that the ISSSTE authorities must implement, within a period of six months, counted from the acceptance of this Recommendation, a comprehensive course on training and education in the field of human rights that considers the principles of accessibility, acceptability, availability and quality related to the right to health protection based on the Cholecystitis Clinical Practice Guide.
While, within two months, counted from the acceptance of this Recommendation, a circular must be sent to the Emergency and General Surgery staff of the General Hospital “Querétaro” with adequate supervision measures 65/69 for the integration of the clinical record and prevention work in medical care to ensure that the pertinent instances are exhausted and medical management is satisfied in accordance with national and international legislation.
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