On May 4, 2020, Acedo Santamarina, S.C., in collaboration with Fundación Barra Mexicana, A.C., filed an amparo lawsuit on behalf of thirty-three specialists and residents in the area of ophthalmology assigned to the High Specialty Medical Unit (UMAE) Hospital General “Dr. Gaudencio González Garza” of the Centro Médico Nacional La Raza of the Instituto Mexicano del Seguro Social (Mexican Social Security Institute).
Various authorities, such as the Director General of the Mexican Social Security Institute, were accused of failing to provide medical personnel who treat patients infected with COVID-19 with adequate sanitary safety equipment to prevent contagion, as well as failing to provide the professional and technical training necessary for the care of patients with COVID-19.
On May 4, 2020, the Fourth District Judge in Administrative Matters in Mexico City granted the suspension in order to provide the plaintiffs with the medical supplies and personal protective equipment that is rational and appropriate to prevent the risk of contagion, as well as to provide them with adequate training in order to protect them effectively.
It was specified that “as long as the aforementioned supplies are not provided, the responsible authorities must refrain from forcing the complainants to perform health care activities for the public, nor apply administrative or labor sanctions for the lack of such services”.
The granting of this precautionary measure protects the human right to health recognized in the fourth paragraph of Article 4 of the Political Constitution of the United Mexican States, both for specialists and residents as well as for patients infected with COVID-19.
The amparo lawsuit and pro bono work are effective tools against the omissions of our authorities, forcing them through the courts to provide medical personnel with adequate equipment and training. It is a way to ensure that the law is enforced and, consequently, lives are saved.
