Legal Question in Medical Malpractice in Mexico

Injured by an orthopedic surgeon while in Cabo San Lucas

Ideally I am looking for a law firm that has law practicing privileges in Baja Mexico. I live in Baltimore, MD and would like to seek consultation with a US attorney if possible. An orthopedic surgeon in cabo san lucas, mexico cut my arm with a cast stryker. He had set my broken wrist and put my arm in a cast one day earlier. The cast was too tight and was causing me a great deal of pain so he had to cut it to relieve some of the pressure. I told him he was cutting me but he insisted he wasn't. When I returned to the states a few days later, I got a new more appropriate cast. It was at this time I learned how badly I had been cut. What rights do I have? Can I file a lawsuit against him? Do I need a Mexican lawyer? If you are not able to advise me at this time, any referral information would be greatly appreciated. Thank you for your time.


Asked on 4/18/01, 7:56 pm

1 Answer from Attorneys
Romelio Hernandez HMH Legal

Re: Injured by an orthopedic surgeon while in Cabo San Lucas

I would advise that you tried to pursue a legal action in the States. Injuries caused by negligence in Mexico are very bad and poorly compensated. The Civil Codes refers you to labor law rules for personal injuries on an employment relationship, and honestly, compensation is ridiculous. However, is there is evidence or you can probe what the damages were (as medical wages and costs) to fix your injuries, a Judge can grant you a judgment for that amount.

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Answered on 6/14/01, 9:06 pm


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