[Striking a balance between freedom to practice among physicians and protecting patient's health: a balance first established in the Constitution].
The role physicians play in society is very important from different perspectives. In spite of this, their activities cannot remain outside of the legal sphere and their ensuing guidelines since physicians activities include the health and life of patients, often at risk. We describe a law put forth by Mexico's Supreme Court that includes a balance between physician's duties and safeguarding a patient's health. Following international guideliens and human right's treaties, Supreme Court magistrates analyzed the constitutionality of article 271 included in Mexico's General Health Law (Ley General de Salud). Other aspects of their analysis included attributes to grant medical degrees and the way in which certain clauses in the General Health Law are compatible with physicians' daily work and other constitutional rights.
Cossío-Díaz
José Ramón
JR
Suprema Corte de Justicia de la Nación y Departamento de Derecho, Instituto Tecnológico Autónomo de México, México D. F., México. jramoncd@mail.scjn.gob.mx
D006801:Humans; D007883:Legislation, Medical; D008511:Medicine; D008800:Mexico; D028701:Patient Rights / Q000331:legislation & jurisprudence*; D010820:Physicians / Q000331:legislation & jurisprudence*; D017009:Professional Autonomy; D013038:Specialization