MEDICAL MALPRACTICE

Medical malpractice occurs when a health professional acts with negligence, incompetence, or carelessness, causing harm to a patient.

Avoid medical malpractice

Medical malpractice involves several legal aspects that seek to protect patients’ rights and ensure the accountability of healthcare professionals. Some of the key points are:
  • Civil Liability: Physicians may be liable to compensate patients for damages caused by negligence, recklessness, or incompetence. This includes compensation for physical, emotional, and economic damages.
  • Criminal Liability: In serious cases, such as when malpractice results in serious injury or death, the professional may face criminal penalties, such as fines or even imprisonment.
  • Informed Consent: Physicians are required to inform patients about the risks and benefits of a treatment. Failure to provide this consent may be considered malpractice.
  • Standard of Care: A physician’s conduct is assessed according to accepted standards in their field. If they failed to do so, they may be considered negligent.
  • Evidence and Documentation: Medical records, medical examinations, and other documents are essential to prove the existence of malpractice.
  • Legal time limits: There are time limits for filing malpractice claims, which vary by jurisdiction.
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Medical Malpractice Services

Advice and representation in cases of medical malpractice

Defense of patients affected by errors in diagnosis, treatment, surgery, or incorrect medical procedures that result in physical or psychological harm.

Professional liability of doctors and hospitals

Legal action against doctors, surgeons, clinics, and hospitals responsible for injuries or damages caused by their negligent actions.

Investigation of malpractice cases

Thorough analysis of the medical care provided, collection of evidence, and consultation with medical experts to assess whether negligence or lack of adequate care occurred.

Compensation for damages

Management and claims for compensation for damages caused to patients, including medical expenses, pain and suffering, and loss of quality of life.

Defense in claims of misdiagnosis

Representation in cases where the lack of proper diagnosis, misdiagnosis, or delays in diagnosis have caused irreversible damage.

Surgical errors and invasive procedures

Defense and advice in cases of malpractice related to failed surgical procedures, injuries during invasive procedures, and preventable complications.

Negligence in the treatment of diseases

Advice and representation in cases where medical treatment is inadequate or not provided in accordance with current medical standards, resulting in a worsening of the patient’s condition.

Advice on informed consent

Review of cases in which the patient has not been properly informed about the risks of a medical procedure, which may have influenced their decision.

Liability for prescription and dosage errors

Cases in which incorrect administration of medication, errors in prescribing or dosing drugs result in harm to the patient’s health.

Malpractice in prenatal and pediatric care

Representation of patients who have suffered harm as a result of medical negligence in prenatal care, childbirth, or pediatric care.

Aesthetic or cosmetic malpractice

Advice and defense in cases related to damages caused by incorrect cosmetic or surgical procedures, such as plastic surgery or cosmetic treatments.

Defense before the public health administration

Representation in claims against public or private healthcare institutions that have committed medical negligence or violated patient rights.

Negotiation and out-of-court settlement

Attempt to resolve the case through out-of-court settlements to avoid lengthy legal proceedings, seeking swift compensation for the patient.

Characteristics of medical malpractice

A medical error can change everything. Misdiagnoses, poorly performed surgeries, inappropriate medications, some of the main causes include:

Violation of the standard of care

Occurs when a professional fails to follow accepted protocols or standards in medical practice.

Patient Harm

For malpractice to exist, there must be physical, emotional, or economic harm to the patient as a result of the negligence.

Causation

It must be demonstrated that the harm was directly caused by the professional’s action or omission.

Negligence, recklessness, or incompetence

This may include a lack of knowledge, skills, or care necessary for medical care.

Informed consent

Failure to adequately inform the patient about the risks and benefits of a procedure may be considered malpractice.

Areas of application where we can find medical malpractice

  • Civil Liability: Regulates financial compensation for damages caused to the patient due to medical negligence.
  • Criminal Liability: Addresses legal penalties for medical acts resulting in serious injury or death.
  • Informed Consent: Ensures that patients are adequately informed about the risks and benefits of medical procedures.
  • Diagnostic Errors: Includes cases where the physician fails to correctly identify a disease, resulting in inappropriate treatment.
  • Treatment Errors: Regulates situations where the wrong medications are administered or inappropriate procedures are performed.
  • Lack of Adequate Care: Focuses on cases where the professional fails to provide the necessary care, resulting in complications.
  • Protection of Patient Rights: Ensures that patients can seek justice for negligent acts.

If you were a victim of malpractice, demand justice. Your health and your rights matter!

More information
Phone
(56) 4500 2287
Email
clientes@iudexlex.com
Location
Privada Convento de Hueyapan Mz 48 lote 154 interior A, San Buenaventura, 56536, Ixtapaluca estado de México.

Frequently Asked Questions

What is medical malpractice?

It is the negligence, error, or recklessness of a healthcare professional that causes harm to the patient, whether through incorrect diagnosis, inadequate treatment, or lack of care.

How do I know if I was a victim of medical malpractice?

If you suffered unexpected complications, permanent after-effects, or serious deterioration of your health due to medical errors, you could be a victim of malpractice.

How long does it take to denounce?

The plazo to present a denuncia varies by country. In most cases, there is a limit of years to initiate legal actions, so it is important to act quickly.

What type of compensation can you solicit?

Compensation for physical, psychological, medical, gas, loss of ingredients and moral damages may be payable.

Send us a message

Por favor permítanos estar en contacto para proporcionarle más información.

    Phone

    (56) 4500 2287

    Email

    clientes@iudexlex.com

    Location

    Privada Convento de Hueyapan Mz 48 lote 154 interior A, San Buenaventura, 56536, Ixtapaluca estado de México.

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    Location
    Privada Convento de Hueyapan Mz 48 lote 154 interior A, San Buenaventura, 56536, Ixtapaluca estado de México.
    Phone
    55 4120 1278
    55 4120 1296
    WhatsApp
    220 266 7195
    Email
    clientes@iudexlex.com
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