Politics · Mexico · 31 mins ago

Mexico’s Supreme Court clarifies when medical errors can be crimes

Mexico’s Supreme Court clarifies when medical errors can be crimes

Mexico’s Supreme Court ruled that a poor medical outcome alone is not a crime.

The decision concerns a neurosurgeon facing a case over two spinal operations after which a patient had permanent reduced movement in one leg.

The Court upheld the federal laws allowing criminal penalties for careless injuries, but said the prosecution must prove a breach of care caused a legally defined permanent injury.

Doctors are generally required to act with skill and caution, not to guarantee a particular result.

Medical rules and protocols can help identify the duty of care, but cannot create crimes beyond those set out in law.

The ruling says penalties in qualifying cases protect patients’ health and physical integrity and do not prevent doctors from practising.

The Court did not decide whether the neurosurgeon was negligent; a lower court will consider the remaining legal issues, including whether the evidence was sufficient to keep the case moving.

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