Introduction
“No country can advance if it neglects the health of its people.” – Franklin D. Roosevelt
In February 1983, a third paragraph was added to Article 4 of the Mexican Constitution to enshrine the right to health protection. This elevated the right to constitutional status, making it a guarantee of equality. However, it is crucial to understand that what was elevated to constitutional rank was the “right to health protection,” not simply the “right to health.” Consequently, the state is obligated to safeguard the possibility of accessing health services equally.
Understanding the Right to Health Protection
The right to health protection aims, among other things, to ensure the enjoyment of health services and social assistance that effectively and promptly meet the needs of the population.
Recent Developments: Mediation in Healthcare
In a recent collaboration, we discussed the initiative from September of this year to reform the General Law of Health, enacted in 1984, regarding adopting mediation to manage conflicts arising from medical service provision.
Mediation in this field is a powerful tool to address disputes between patients, families, and healthcare professionals without directly resorting to the judicial system.
The Global Context of Medical Errors
Annually, around 2.6 million people die worldwide due to medical errors and insecure care. The World Health Organization has indicated that five patients die every minute due to these failures.
Mexico’s Healthcare Challenges
In 2022, approximately 170,000 people died due to lack of medical care or medication shortages, according to official statistics analysis.
Despite the establishment and operation of the National Medical Arbitration Commission in 1996, replicated at the local level in states, success has not been achieved in applying alternative dispute resolution mechanisms less effective than mediation.
Relevance of Mediation in Healthcare
Mediation in healthcare is increasingly relevant for addressing conflicts that arise between patients, healthcare professionals, medical institutions, and authorities. Instead of resorting directly to legal processes, mediation offers a more agile, confidential, and collaborative space for resolving disputes.
Common Healthcare Conflicts
- Physician-patient relationship: misunderstandings about diagnoses, treatments, or expectations;
- Medical errors or substandard practice: medical negligence occurring when a healthcare professional fails to meet accepted medical practice standards, causing harm to the patient;
- Professional conflicts: tensions within medical teams or between specialties;
- Institutional disputes: administrative issues, access to services, institutional negligence;
- Insurance relations: coverage rejection and delays in authorizations, among others.
International Mediation in Healthcare
Some countries have developed legal frameworks and specific programs to apply mediation in managing medical conflicts within their territories.
- Argentina: Health mediation aims to offer a swift, economical, and collaborative alternative for resolving conflicts between patients and medical-assistance entities before initiating legal actions.
- Chile: There is a mandatory and pre-judicial system to resolve conflicts caused by damage in healthcare.
- Spain: Mediation is applied in several autonomous communities’ hospitals and health centers to manage conflicts between professionals, with patients, or with administration.
- United States: Medical mediation is a process where a neutral third party facilitates communication between a patient and a healthcare provider to resolve disputes related to medical care.
- Hungary: Health mediation is part of its conflict resolution system.
- New Zealand: Mediation is applied to improve communication and safe practices between patients and the healthcare system.
Key Questions and Answers
- What is the significance of the right to health protection in Mexico’s Constitution? The addition of a third paragraph to Article 4 of the Mexican Constitution in 1983 elevated the right to health protection to constitutional status, obligating the state to safeguard equal access to health services.
- Why is mediation crucial in healthcare? Mediation offers a more agile, confidential, and collaborative space for resolving disputes between patients, healthcare professionals, institutions, and authorities, avoiding direct resort to legal processes.
- What are common healthcare conflicts? Common conflicts include misunderstandings in physician-patient relationships, medical errors, professional tensions, institutional issues, and insurance disputes.
- How do other countries apply mediation in healthcare? Several countries, such as Argentina, Chile, Spain, the United States, Hungary, and New Zealand, have developed legal frameworks and programs to apply mediation in managing medical conflicts within their territories.
