May 15, 2020
A few weeks ago, we reported that the DRAFT of the Triage Guide had been published by the Mexican General Health Council (link here), and had been deleted from the official website shortly thereafter. This Guide has now been approved.
As explained previously, the Guide outlines how decisions should be made in the event that the health emergency of COVID-19 generates an unsatisfiable demand for critical medical resources.
Upon its approval, due to the controversy aroused, the Supreme Court made clear that the Guide is not definitive and may be amended if required. The Guide is also not mandatory, but if hospitals intend not to adopt it, they must be able to explain their own protocols for the allocation of resources if they become stretched.
The Guide allows actions within hospitals to be governed by objective criteria that will discourage influence and corruption, and provides legal certainty to all those involved.
OLIVARES will continue to monitor the developments of this guide, its implementation in practice and its effects, in order to inform and advise our clients of the related legal implications.