Medical and health law attorneys in Mexico

Medical and health law is grounded in Article 4 of the Constitution, the right to health protection, and in the General Health Law (Ley General de Salud), a matter concurrent between the Federation and the states. It regulates two broad areas: the doctor-patient relationship and liability for care (medical liability), and the health regulation of products, services, and establishments, in the hands of COFEPRIS (Comision Federal para la Proteccion contra Riesgos Sanitarios, the federal health-risk protection agency). The Mexican Official Standards, in particular NOM-004 on the clinical record and NOM-168, set the technical obligations of health professionals.

Liability for medical negligence may be demanded through several simultaneous or alternative routes. In the civil sphere, through the civil liability action for patrimonial and moral damage against the doctor or the hospital; in the criminal sphere, for offenses such as negligent injuries or homicide arising from lack of skill, negligence, or breach of duty; and in the administrative sphere, against public institutions (IMSS, ISSSTE, Ministry of Health) through the State's patrimonial liability. A key element is establishing the cause-and-effect relationship between the professional's conduct and the harm, for which the medical expert opinion and the clinical record are decisive.

Informed consent is a central duty: the patient must receive clear information about the diagnosis, risks, and alternatives, and give written authorization for risky procedures; its absence or deficiency is a frequent source of liability. CONAMED (Comision Nacional de Arbitraje Medico, the national medical arbitration commission) offers a free non-jurisdictional route of guidance, conciliation, and arbitration between patients and providers, useful for resolving without litigation, although its awards are voluntary.

In the health sphere, COFEPRIS regulates and verifies medicines, medical devices, supplies, food, establishments, and advertising, and may impose sanctions, seizures, and closures. The medical-health lawyer advises patients seeking reparation, professionals and hospitals in their defense and risk prevention, and the health industry in registrations and compliance before COFEPRIS.

Governing laws medical and health law

• Constitución Política (artículo 4º)
• Ley General de Salud y leyes estatales de salud
• Reglamento de la Ley General de Salud en materia de prestación de servicios de atención médica
• NOM-004-SSA3 (expediente clínico) y demás Normas Oficiales Mexicanas de salud
• Código Civil Federal y locales (responsabilidad civil y daño moral)
• Código Penal Federal y locales (lesiones y homicidio culposo)
• Ley Federal de Responsabilidad Patrimonial del Estado
• Decreto de creación de la CONAMED

Process and timelines

After harm, a complete copy of the clinical record is first secured, a patient right. The CONAMED route begins with a complaint, followed by guidance, conciliation and, if both parties accept, arbitration. In the civil sphere, liability and moral damage are claimed (with a medical expert opinion), and prescription is usually 2 years under the local code, so it is advisable to act promptly. The criminal route begins with a complaint before the Prosecutor's Office. Against public institutions, patrimonial liability is claimed within short deadlines. Cases may last from one to several years.

Documents usually required

• Complete clinical record (notes, tests, nursing sheets, consents)
• Signed informed-consent form
• Prescriptions, laboratory and imaging results, and images
• Proof of medical expenses and invoices for the care
• Independent medical opinions and expert reports
• Death certificate and autopsy, where applicable
• ID of the patient and of the professional or establishment involved

How much does it cost?

Fees are agreed for advice, for representation before CONAMED, or for civil, criminal, or administrative litigation; independent medical expert opinions are paid separately and are decisive in proving negligence. CONAMED is free. Be careful: do not accept the hospital's 'arrangements' without advice or sign releases waiving your rights before knowing the extent of the harm, and act promptly, because the prescription of the actions may leave you without a claim.

When do you need this lawyer?

You need a medical-health lawyer if you suffered harm from a poorly performed surgery, treatment, or diagnosis, if you were operated on without informed consent, if a relative died from possible malpractice, or if the hospital refuses to give you the clinical record. Also if you are a doctor, clinic, or hospital being sued or reported, or if you are part of the health industry and face a verification, sanction, or registration denial from COFEPRIS. Given the evidentiary urgency, it is advisable to consult immediately.

Red flags when hiring

• The hospital refuses to give you a copy of the clinical record
• You were operated on without being told the risks or signing informed consent
• There are alterations, erasures, or notes added later in the record
• You are offered a quick release in exchange for waiving your right to claim
• The harm worsens and you let time pass until the action prescribes
• An establishment operates or sells supplies without a COFEPRIS health license