Tijuana and Mexicali receive many patients from the United States for surgery, dental work and other treatment. When something goes wrong, patients and families look for medical malpractice lawyers in Tijuana and Mexicali, often from across the border. This guide explains the legal routes and how to choose an attorney.
The three main routes
- Criminal complaint. When negligent medical care causes injury or death, it may be investigated as a negligent (culposo) crime, such as negligent injury or homicide. The goal is criminal responsibility and compensation for damages.
- Civil claim. A lawsuit for damages, including moral damages, against the doctor, the clinic or both.
- Medical arbitration. The National Medical Arbitration Commission (CONAMED) offers conciliation and arbitration for disputes over medical services, and several states have their own commissions.
A good attorney explains which route, or combination, fits your goals and evidence.
What to look for in an attorney
- Experience with medical cases specifically. Ask how many they have handled and through which route.
- Access to medical experts. These cases usually turn on an independent expert opinion about whether care met accepted standards.
- Command of the medical record. In Mexico, clinical records are governed by the official standard NOM-004-SSA3-2012, and patients can request a summary of their record. Your lawyer should know how to obtain and use it.
- Clear fees. Ask whether fees are fixed, per stage or partly contingent, and what expert costs are extra.
- A Mexican license. Verify it in the SEP National Registry of Professionals.
Gather evidence early
Keep receipts, consent forms, messages with the clinic, photos and any U.S. medical records documenting the follow-up treatment.
One option
Justicia Transparente is a Mexican law firm with 15 years of experience in criminal matters, with offices in Tijuana and Mexicali and service in English. Learn about our work in crimes against life and bodily integrity and our criminal attorney in Tijuana page.
Related guides on this site: criminal offense; Criminal charges against negligent doctors; Criminal prosecution in Mexico; Criminal law legal terms in Mexico.
The Mexican criminal process explained in English
Facing Charges in México?.
Germán Jalil Terríquez Córdova
Known as “the Transparent Attorney,” he founded Justicia Transparente, turning it into a nationally recognized firm for its results and leadership. The author of four books, he has demonstrated that in this field, experience and strategy make the difference.
Written and reviewed by Germán Jalil Terríquez Córdova, Esq. — Founder and Managing Director of Justicia Transparente. Mexican criminal defense attorney with 15 years of experience. Professional license (cédula profesional) No. 6691677 issued by Mexico’s Ministry of Education (SEP).