How to Sue Doctors from IMSS or ISSSTE in Mexico

In Mexico, millions of people receive medical care through public institutions such as the Mexican Social Security Institute (IMSS) and the Institute for Social Security and Services for State Workers (ISSSTE). However, when medical treatment is inadequate or causes harm, a crucial question arises: Can the doctor be sued directly, or is only the State liable?

The legal answer is clear, although it contains important nuances. Mexican law and the jurisprudence of the Supreme Court of Justice of the Nation (SCJN) provide two distinct yet complementary legal avenues: civil action against the doctor and administrative action against the State. Here's how they work, based on the Federal Civil Code (FCC), the Federal Law on State Liability (LFRPE), and the Constitution.

1. Can You Sue Doctors from IMSS or ISSSTE directly?

Yes, it is possible to sue doctors from IMSS or ISSSTE personally if they acted with fault, negligence, recklessness, or lack of expertise in the exercise of their profession.

This is based on Article 1910 of the Federal Civil Code:

“Anyone who, acting unlawfully or against good customs, causes harm to another shall be liable to make reparation…”

This is known as subjective civil liability and allows the filing of a civil lawsuit when:

• The doctor acted with fault or negligence (e.g., misdiagnosis, failure to treat, or botched surgery).

• Actual damages occurred (physical, psychological, economic, or moral).

• There is a direct causal link between the medical act and the damage.

What must be proven?

• The negligent or wrongful conduct of the doctor.

• The existence of actual harm.

• The causal link between the act and the harm.

Statute of Limitations:

Article 1916 of the FCC establishes a two-year limitation period starting from the date the damage and the liable party were known.

2. Can the State Be Held Liable Instead of the Doctor?

Yes. If you prefer to hold the public institution (IMSS, ISSSTE, or any other State entity) accountable rather than focusing on the individual doctor, you may proceed under the legal framework of State liability.

This right is enshrined in Article 109, sixth paragraph of the Constitution and further developed in the Federal Law on State Liability (LFRPE).

What does this route entail?

The State must compensate for damages caused by irregular administrative acts, which according to the LFRPE, are defined as:

“Acts that cause damage to individuals’ property or rights that they are not legally obligated to endure due to the absence of legal justification.” (Art. 1)

Applicable scenarios:

• Misdiagnosis.

• Unnecessary surgery.

• Lack of urgent medical care.

• Medication or treatment errors.

Requirements:

• File an administrative claim with the corresponding institution.

• Prove the damage and its link to the irregular administrative activity.

• If there is no response or it is denied, file before the Federal Administrative Justice Court.

Statute of Limitations:

Two years from the date the damage occurred or from when it was discovered along with the likely responsible party (Article 25, second paragraph, LFRPE). This period may be interrupted if another related proceeding is initiated (e.g., administrative appeal).

3. Can Both Legal Avenues Be Pursued Simultaneously?

Yes. Civil and administrative actions may be pursued simultaneously or independently. The SCJN has held that they are not mutually exclusive, as they serve different purposes:

• Civil action seeks reparation directly from the doctor.

• Administrative action seeks compensation from the State due to institutional failure.

Both may coexist, as long as they are processed in separate proceedings, as reaffirmed by the First Chamber in jurisprudence 1a./J. 27/2025 (11a.), published in April 2025.

What to Do if You Were a Victim of Medical Negligence

• Request your full medical file. You have the right to a copy.

• Gather all documents: prescriptions, tests, reports, medical notes.

• Obtain an independent medical expert opinion.

• Consult a lawyer specializing in civil and administrative medical liability. (📩 We can help.)

• Act quickly. Deadlines are strict and not suspended.

Which Legal Route Should You Choose?

Although you may pursue both routes (civil against the doctor and administrative against the State), it's not always advisable to do so simultaneously. The best choice depends on the type of damage, your goals, and the evidence available.

🩺 1. If the doctor acted with gross negligence or intent (e.g., surgery without consent or clear incompetence):

➡️ Civil lawsuit against the doctor.If you can identify the responsible professional and have direct evidence (medical records, witnesses, expert reports), this path allows direct compensation under subjective liability. It may also lead to professional or criminal sanctions.

🛠️ Recommendation: Ideal when harm was clearly caused by an individual error (e.g., leaving surgical material inside the body, omitting crucial tests, etc.).

🏥 2. If the harm resulted from institutional or systemic failures (e.g., lack of equipment, overcrowding, delays):

➡️ Administrative claim for State liability.This route does not blame the individual doctor but the public institution that failed as a system. The Federal Law on State Liability protects your right to be compensated for irregular administrative acts.

🛠️ Recommendation: Use this route if the damage arose from general hospital malfunction (e.g., drug shortages, ER negligence, lost records, etc.).

⚖️ 3. If the harm is severe and it's unclear whether it was caused by the doctor or the institution:

➡️ Use both routes in parallel, but separately.Jurisprudence allows simultaneous claims against both doctor and State. In such complex cases, a lawyer can help design a combined legal strategy.

🛠️ Recommendation: Suitable when it's uncertain whether the fault was individual or systemic, but serious harm occurred and you want to maximize compensation.

⏳ 4. If significant time has passed since the incident:

Review the type of harm:

• Physical or psychological injuries: 2 years for administrative claims (LFRPE, Art. 25).

• Economic damage only: Administrative claim must be filed within 1 year.

• Civil action: 2 years from when the harm and its cause were known (FCC, Art. 1916).

🛠️ Recommendation: Seek legal advice immediately if deadlines are approaching. You may still be within time if the harm is ongoing or recent.

Quick comparison table

Legal Action	Against Whom	Legal Basis	Maximum Term
Civil claim for medical negligence	IMSS or ISSSTE physician	Articles 1910 and 1916 of the Federal Civil Code	2 years
Administrative claim for damages	Mexican State	Article 109 of the Constitution and LFRPE	2 years

What If You Want to Avoid a Lengthy Lawsuit?

Both routes may lead to faster resolutions if the damage is clearly proven:

• Administrative route: You may reach a settlement with IMSS or ISSSTE before trial (LFRPE, Art. 26).

• Civil route: You can pursue pre-trial or court-supervised conciliation.

🛠️ Recommendation: If you have strong medical evidence and want to avoid stress, an early agreement might be possible—though it often means a lower compensation.

Conclusion: You have rights—assert them

Both the law and the Supreme Court recognize your right to receive dignified, professional, and error-free medical care. When this doesn’t happen and you suffer harm, you can take action against the doctor, the State, or both.

The key is to choose the right legal path and gather solid evidence.

Did You Experience Medical Negligence at IMSS or ISSSTE?📩 Write to us at contacto@uplaw.com.mx or send a WhatsApp to +52 5655 450359.

Get a free legal assessment of your case and find out if you have grounds to file a claim.

UPLAW Abogados | Attorneys-at-Law📍 www.uplaw.com.mx