The Supreme Court of Justice of the Nation (SCJN) denied protection to a neurosurgeon at the Mexican Institute of Social Security (IMSS), who is facing criminal proceedings for negligent injury arising from the medical care of a patient who, after several operations, experienced reduced mobility in his right leg.
The physician filed an amparo action against the order of attachment to criminal proceedings and challenged the constitutionality of Articles 60 and 291 of the Federal Penal Code, which punish medical personnel who, through negligent conduct, cause negligent injuries with three to five years in prison.
However, the District Court partially dismissed his claim and denied him the protection of justice with respect to the challenged provisions and the order of attachment to criminal proceedings.
Dissatisfied, the neurosurgeon filed an appeal for review before a Collegiate Court, which sent the case to the Supreme Court of Justice of the Nation.
SCJN upholds prison sentences for medical negligence
At its session this Wednesday, the full Court upheld the penalty of three to five years in prison for medical personnel who commit medical negligence.
In the amparo claim, the physician argued that these provisions violate the principle of freedom to work for health professionals by providing for criminal consequences arising from the practice of medicine.
Nevertheless, the full Court of justices ruled that the aforementioned criminal provisions do not v…
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The Supreme Court of Justice of the Nation (SCJN) denied protection to a neurosurgeon at the Mexican Social Security Institute (IMSS), who is facing criminal proceedings for negligent injury arising from medical care provided to a patient who, after several operations, experienced reduced mobility in his right leg. The physician filed an amparo suit against the order linking him to criminal proceedings and challenged the constitutionality of Articles 60 and 291 of the Federal Penal Code, which punish medical personnel who cause negligent injuries with three to five years in prison. However, the District Court partially dismissed his claim and denied him protection of justice with respect to the challenged provisions and the order linking him to criminal proceedings. Dissatisfied, the neurosurgeon filed an appeal for review before a Collegiate Court, which sent the case to the Supreme Court of Justice of the Nation. At a session this Wednesday, the full Court upheld the penalty of three to five years in prison for medical personnel who commit medical negligence. In the amparo suit, the physician argued that these provisions violate the principle of freedom to work for health professionals by providing for criminal consequences arising from the practice of medicine. Nevertheless, the full Court of justices ruled that the aforementioned criminal provisions do not violate the principle of legality in its aspect of definiteness, meaning that they are sufficiently clear regarding the conduct they will punish and how they will punish it. "The existence of civil, administrative, or labor mechanisms does not demonstrate that criminal intervention is unnecessary, since each avenue serves different purposes. In this case: reparation of the harm, compliance with professional duties, or the severity of the permanent injuries caused. "Furthermore, the challenged provisions do not punish any irregularity committed during the provision of medical services. Their application requires that one of the harms contemplated in Article 291 occur and that it be attributable to negligent conduct. Therefore, they do not turn criminal law into a general mechanism of control over medical practice, but rather limit its intervention to cases in which a harmful result of the severity defined by the legislator occurs, along with the elements necessary for its attribution as negligence," stated Justice María Esthela Ríos González, who proposed that the full Court deny the amparo to the Mexican Social Security Institute physician. You may be interested in: Tension grows at the SCJN; Lenia Batres confronts the Chief Justice: "give me the floor whenever you wish" — IMSS employees and workers take to the streets — Despite increased health sector funding, resources reach only 2.9% of GDP: Specialist; 6% is what is needed, she adds — Join our channel! EL UNIVERSAL is now on WhatsApp! From your mobile device, find out the day's most relevant news, opinion articles, entertainment, trends, and more — dft