There are some specialties that are distinguished from the rest because they are the ones that have more medical negligence lawsuits in Mexico. It is not something that should be boasted about but it is worth knowing the name of what it is about. Although in the end the most important thing is that absolutely everyone who cares for patients is at risk of suffering from this type of legal conflict.
What is medical negligence?
A Medical negligence It is a bad practice that health professionals can carry out by making unjustified errors that affect their patients.
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In the case of Mexico, the highest authority on the subject is the National Medical Arbitration Commission (Conamed). Her role is to act as a mediator between health professionals and patients.
The specialties with the most lawsuits for medical negligence in Mexico
Annually, Connamed presents a activity report and the one corresponding to 2023 shows the specialties that registered the most lawsuits for medical negligence.
- Medical emergency
- General orthopedics
- odontology
- General Surgery
- Ophthalmology
- Traumatology
- Plastic and aesthetic surgery
- Gynecology
- Obstetrics
- Family Medicine
In case of negligence, is the doctor always to blame?
The direct answer is no. In all cases, a thorough investigation must be carried out to determine who is responsible. Sometimes everything is generated by the fault of the patients themselves or by institutions that do not provide the appropriate material and conditions to their workers.
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Are malpractice and medical error the same thing?
Both terms are commonly heard and although they sound similar, they are actually quite different from each other. For medical malpractice to exist, there must be fault in the doctor's actions.
On the other hand, institutional factors such as bureaucracy, lack of sufficient supplies or human resources, or lack of adequate public policies, among other factors, may interfere with a medical error.
Based on the above, to prove medical malpractice, the existence of certain elements must also be confirmed to establish that they were indeed present during the medical act.
What issues does Connamed address?
Acts or omissions derived from the provision of health services, as well as alleged acts of possible malpractice with consequences on the health of the user, which strictly means that it only addresses the knowledge of problems related to such services or the refusal to provide them.
What issues does Connamed not address?
- Acts or omissions that constitute crime(s).
- Matters that are already being processed before other civil bodies.
- Labor disputes or powers of the labor authorities, in matters of
social Security. - Matters whose objective is to obtain pre-constituted evidence for the initiation of a judicial procedure.
- When the only intention is to sanction the medical service provider.
Finally, although there are some specialties that register more cases of medical negligence claims, it does not mean that the rest are safe. The simple act of caring for a patient, regardless of the type of consultation, always implies a risk for health professionals.
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