A woman in extreme poverty of about 40 years old, resident of the rural municipality of Mier y Noriega in the State of Nuevo Leon, was diagnosed in 2017 with breast cancer in one of the most important private hospitals in Nuevo Leon.
In 2019 she was re-affiliated to the Social Protection System in Health (Seguro Popular), which depends on the Federal Health Secretariat, so she had a policy in force from December 2019 to December 2022.
Based on her affiliation to the “Seguro Popular”, the patient received regular medical attention and chemotherapies from the Breast Treatment Center of the aforementioned private hospital (granted the concession by the federal government for the provision of such health service). However, on July 1st of this year, she was informed that she would no longer be provided with medical care, since January 2020, the Social Health program known as “Seguro Popular” had ceased to exist.
Avila, Lozano y Rodal, through its partners Christopher Marroquín Mitre and Juan Guillermo Avila Sarabia, and in coordination with the Nuevo Leon Chapter of The Mexican and the foundation Cancer Warriors de México, A. C, promoted as a pro bono case an amparo lawsuit on behalf of the patient, against the above mentioned Private Medical Center, the Health National Institute for Welfare (INSABI) and other authorities of the Health System, in order to respect her right to health and to provide her with the necessary medical attention for her condition.
In this regard, our firm argued that the fact that INSABI has replaced the medical care system known as “Seguro Popular” should not hinder the provision of medical services to those with a valid affiliation, since the General Health Law and the National Health Institute Law establish that persons with a valid affiliation to Seguro Popular will continue to enjoy their rights even after the creation of “INSABI”.
On July 16, 2020, the Third District Judge in Administrative Matters published his decision, through which he granted an ex officio injunction of the claimed acts (considering that the health and therefore the life of the patient is at risk), and ordered the responsible authorities “to provide the plaintiff with the medical care necessary for the condition she refers to in her petition for protection and to supply her with the medicines that in her opinion are suitable to save, optimize their state of health or even promote the improvement in their quality of life, as well as to carry out immediately, under their strictest responsibility, the pertinent actions or measures that guarantee the due, opportune and integral medical attention to the impetrating one of protection in relation to this disease (breast cancer); This, according to the norms of hygiene and health established in the laws and Mexican official norms that govern it, protecting the health and life of the complainant at all times. ”
Resolutions such as this one allows the former users of the “Seguro Popular” (now disappeared), to claim through an Amparo lawsuit, their Right of Access to Health, regardless of the legislative changes in this respect.