Medical Malpractice in Mexico

Introduction

Medical malpractice law in Mexico governs the liability of healthcare professionals for negligent treatment. The framework provides compensation for patients injured by substandard care while protecting doctors from excessive liability.

Standard of Care

Healthcare professionals must exercise the standard of care expected of a reasonably competent practitioner in their field. The standard of care is assessed objectively by reference to professional guidelines and accepted medical practice.

Informed Consent

Patients have the right to be informed about the risks, benefits, and alternatives of medical treatment before giving consent. Failure to obtain informed consent may constitute negligence or battery.

Causation

The plaintiff must prove that the defendant’s negligence caused their injury. Causation is assessed by the balance of probabilities or the loss of a reasonable chance.

Conclusion

Medical malpractice law in Mexico balances patient compensation with the need to maintain accessible healthcare services and avoid defensive medicine.