Newspaper La Jornada
Thursday, July 14, 2022, p. eleven
The first chamber of the SCJN decided to send to the plenary session of ministers the decision on the contradiction of criteria where it will be defined if it is possible, in an amparo trial, to set economic compensation in cases of medical malpractice and other human rights violations, committed by individuals.
This decision is usually made when it is considered that an issue is particularly important, or there is no consensus among the members of a room on the meaning of their decision.
The particular case is the contradiction of criteria 217/2019, denounced by Christus Muguerza, a company that manages several private hospitals in the north of the country. In his complaint, he points out that various collegiate courts have issued contradictory sentences in different trials for medical malpractice, because while some magistrates forced them to financially compensate the damage caused, others dismissed this measure.
The matter was scheduled to be resolved on Wednesday in the first room, where a proposal prepared by Minister Alfredo Gutiérrez Ortiz Mena would be voted on, however, during the session the decision was made that all eleven SCJN ministers decide fully on this topic.