Family members who are victims of negligence, right to compensation

In it Mexico statehe spouse and the children of one person who suffered damage because of a Medical negligence in it Mexican Social Security Institute, they claimed in administrative proceedings, the payment of compensation by moral damage that corresponded to them, derived from the Patrimonial Responsibility that the State has for the injury caused, when the IMSS of a government body.

The judgment of the administrative trial was not favorable to them, estimating that “they did not have the right to claim payment of a compensation by moral damagefor not being victims direct.”

Reason why they filed protection direct in which it was resolved “…that the relatives close to the victim directly of the damage due to the irregular administrative activity of the State, have the right to claim compensation compensation for patrimonial responsibility in their capacity as indirect victims…”

The Second Collegiate Court on Administrative Matters of the Second Circuit estimated that “…The Second Chamber of the Supreme Court of Justice of the Nation recognized in its jurisprudential line the right to reparation for damage of the close relatives of the direct victims of administrative activity irregular of the State. In direct protection 18/2015, the authorities were sentenced to repair the psychological damage caused to the family members (father and brother) of a minor who was directly affected by medical negligence in a public health institute. In the direct protection under review 6758/2018, it recognized that close relatives can, in their own right, claim the State’s financial responsibility for damages generated indirectly by irregular administrative activity…”

Therefore, the close relatives of the direct victim can claim compensation for patrimonial liability from the State, in their own right, in their capacity as indirect victims.

Thus giving rise to the relevant thesis of the field: PATRIMONIAL RESPONSIBILITY OF THE STATE. THE CLOSE RELATIVES OF THE DIRECT VICTIM OF DAMAGE DUE TO THE IRREGULAR ADMINISTRATIVE ACTIVITY HAVE THE RIGHT TO CLAIM THE RELATIVE COMPENSATION, IN THEIR CAPACITY OF INDIRECT VICTIMS, published last Friday, May 17, 2024 in the Gazette of the Judicial Weekly of the Federation, number of digital registration 2028805.

As always, a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!

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Graduate in law from the Sinaloa Free School of Law, master in constitutional law and amparo and master in commercial and business law, with honorable mention, from the Universidad Panamericana, Guadalajara campus. He graduated with honorable mention from the postgraduate courses in civil and commercial procedural law, law of obligations and contracts and tax law taught by the Universidad Panamericana, Guadalajara campus and is a specialist in the areas of administrative, civil, family, commercial, agrarian, protection. , notarial and corporate. He is studying the AD2 Senior Business Management program at IPADE. He is director of the legal services company LMA, Integradora Legal, based in Culiacán and Mazatlán. Member of the Mexican Bar Association, AC, he was president of the steering committee and founder of the Sinaloa chapter, and currently a member of the national council of said association, he also belongs to the American Bar Association. He is a professor at the Sinaloa Free School of Law, and serves as an advisor to the advisory council of the State Human Rights Commission of the State of Sinaloa. He was secretary of agreements of the First Criminal Court of La Paz and external legal advisor and Interim Secretary of the City Council of the Municipality of Rosario.

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