Medical Law in Mexico

Introduction

Mexican medical law is primarily governed by the General Health Law (Ley General de Salud, LGS), which provides the comprehensive legal framework for the provision of health services, medical regulation, and public health protection. The Federal Commission for the Protection against Sanitary Risks (Comisión Federal para la Protección contra Riesgos Sanitarios, COFEPRIS) is the principal regulatory agency for medical products, pharmaceuticals, and healthcare facilities.

General Health Law

The General Health Law, enacted in 1984 and frequently amended, establishes the legal basis for the Mexican health system. The law defines health as a constitutional right (Article 4 of the Constitution), establishes the National Health System, and regulates health service provision, medical research, organ transplantation, reproductive health, and sanitary control. The law allocates responsibilities among federal, state, and municipal authorities.

Medical Malpractice

Medical malpractice liability is governed by the Federal Civil Code and state civil codes, which impose a duty of care on healthcare providers. Liability may arise from negligence (negligencia), recklessness (imprudencia), or lack of skill (impericia). The National Commission of Medical Arbitration (Comisión Nacional de Arbitraje Médico, CONAMED) provides alternative dispute resolution for medical malpractice claims, offering mediation and expert medical opinions.

Informed Consent

Informed consent (consentimiento informado) is a fundamental requirement for medical treatment under the General Health Law. Patients have the right to receive complete and understandable information about their diagnosis, proposed treatment, risks, benefits, and alternatives. Informed consent must be obtained in writing for surgical procedures, experimental treatments, and research participation. The law recognizes the right to refuse treatment, including life-sustaining measures.

Bioethics and Assisted Reproduction

The National Bioethics Commission (Comisión Nacional de Bioética) issues guidelines on bioethical issues, including assisted reproduction, genetic testing, stem cell research, and end-of-life care. Assisted reproduction is regulated by the General Health Law and guidelines of the Ministry of Health. Surrogacy agreements are not specifically regulated at the federal level, leading to varying legal approaches across states.

Conclusion

Mexican medical law provides a comprehensive regulatory framework for healthcare services, medical products, and professional practice. The General Health Law, COFEPRIS, and CONAMED establish a system that balances patient rights with healthcare regulation, though challenges remain in access to healthcare and uniform implementation across states.