The civil liability of physicians and bioethics

Abstract

In December 2024, the Mexican Supreme Court of Justice ruled that a physician working in a public institution may be sued personally for civil liability for negligent or wrongful acts, without excluding the possibility of also taking administrative action against the State. The case, derived from a malpractice suit against a public servant of the IMSS, raised the distinction between the subjective liability of the physician -which requires proving fault- and the objective liability of the State -which is based on the irregular performance of the service. This decision has bioethical and legal implications, as it allows the affected party to choose the way to claim damages, setting a relevant precedent in medical-health liability in Mexico.