ISSSTE resident accused of medical negligence

2024-03-26 00:00:29

Within the field of Medicine, no one wants to make mistakes although there are always risks. The drawback is that there are large errors that cannot be reversed. Such is the case of a resident of ISSSTE who faces charges of Medical negligence for generating an unnecessary amputation. But was it really his fault?

The path to the specialty is quite extensive and full of complications. It is not only about approving the National Examination of Aspirants to Medical Residencies (ENARM) but everything that follows after. Being a student and a worker at the same time implies a double strain.

Did ISSSTE resident commit medical negligence?

With this context, a case that occurred in General Hospital “Dr. “Daniel Gurría Urgell” in Villahermosa, Tabasco, is under investigation. Everything was generated because supposedly a ISSSTE resident committed a Medical negligence that affected a patient for life.

In what cases is a medical negligence lawsuit appropriate?

Story of what happened

It all started when Luis Alberto S., 51, was admitted to the hospital for a renal insufficiency. The patient’s relatives were told that a peritonal catheter would be placed for dialysis and he would recover in a couple of weeks. In theory there were no risks of complications but nothing was as expected.

Based on the patient’s testimony, the peritonal catheter They put it on incorrectly. As a result, his limb had to be amputated and he now faces a nephropathy that puts his life at risk.

As a result of everything reported, the ISSSTE resident who placed the peritonal catheter that committed a Medical negligence. The case is under review but could have legal consequences if the fault of the specialist trainee is proven.

What is medical negligence?

In summary, a Medical negligence occurs when a healthcare professional commits one or more unjustified errors that put the integrity of their patients at risk.

In what cases does medical negligence apply?

• The existence of a legal duty: That is, every time a healthcare provider assumes the care or treatment of a patient.
• The duty was breached: It occurs when the health professional fails to undertake the standard of medical care. This part can be proven by expert testimony or by obvious errors.
• If medical failure caused an injury: According to the penal code, an injury is a crime against life and health that is committed by someone who causes damage to another that leaves a trace on their body, alters their physical or mental health or causes death.
• Damage: If during the investigation no damages of any kind were found, whether physical, economic or legal, there is no basis for a claim, even though the doctor was negligent.

The specialties with the most lawsuits for medical negligence in 2023 according to Connamed

What are the specialties with the most lawsuits for medical negligence?

In all areas there is always the risk of suffering a legal claim, although according to the 2023 annual report of the Medical Arbitration Commission (Connamed), there are some that gather the majority and they are the following.

• Medical emergency
• Ortopedia general
• General Surgery
• Ophthalmology
• Traumatology
• Plastic and aesthetic surgery
• Gynecology
• Obstetrics
• Family Medicine

For now, do you consider that the ISSSTE resident committed medical negligence?

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