BMJ  2005;331:448-451 (20 August), doi:10.1136/bmj.331.7514.448

Education and debate

Malpractice in Mexico: arbitration not litigation

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

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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