BMJ 2005;331:448-451 (20 August), doi:10.1136/bmj.331.7514.448
Education and debate
Malpractice in Mexico: arbitration not litigation
Carlos Tena-Tamayo, national commissioner1,
Julio Sotelo, director2
1 National Commission for Medical Arbitration, Mitla #250, Mexico City 03020, Mexico,
2 National Institute of Neurology and Neurosurgery of Mexico, Insurgentes Sur #3877, Mexico City 14269
Correspondence to: C Tena-Tamayo ctena@conamed.gob.mx
Accusations of malpractice often end in the courts, damaging the doctor-patient relationship and encouraging defensive practice. In Mexico, an alternative system based on arbitration and conciliation has been effective
| The first 150 words of the full text of this article appear below. |
Introduction
The growing number of lawsuits against doctors seems to be related
to poor personal communication, unrealistic expectations of
performance, the high costs of medical attention, and better
informed and more critical patients.
1
2 A lucrative industry
has developed around this phenomenon. In response, doctors buy
expensive insurance, which seriously affects their medical practice,
summarised in the concept of "defensive medicine."
3 The practice
of defensive medicine includes ordering excessive diagnostic
procedures and consultations to minimise the risks of being
sued.
4 Consequently, the cost of medical care increases, promoting
resentment in patients, which in turn favours lawsuits, creating
a vicious circle.
5
Fear of being sued drives some doctors to additional detrimental actions, such as abandoning risky specialties; refusing to treat seriously ill patients; and using clinical records and informed consent forms as means of legal protection, rather than as medical tools.6-8 Differentiation between complications (an unintentional or adverse reaction that aggravates the original . . . [Full text of this article]
Mexican model of medical arbitration
Objectivity of the model
Discussion

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