## Medical Negligence at Hospiten San José del Cabo
Enia Juliana Fernández Chiu, a 53-year-old patient identified as number 88049799, occupied room 101 at the Hospiten San José del Cabo hospital in the municipality of Los Cabos. On January 7, 2024, she was admitted due to severe stomach pain and subsequently diagnosed with appendicitis, which required an emergency surgery.
Enia Juliana informed the medical staff, including doctors and specialists, about her severe allergy to fentanyl, a substance often used in anesthesia. She specifically requested that it not be administered to her to avoid any life-threatening reactions.
“The first questions they ask you before diagnosing appendicitis are if you have any allergies because they are going to give you a mild pain medication,” Enia Juliana explained. “I told them that I am allergic to fentanyl and cannot have it; I have a terrible reaction to it. Everyone, from the surgeon to the nurses and the anesthesiologist, was repeatedly informed that I had an allergy to fentanyl.”
Despite her warnings and a clearly marked bracelet indicating her allergy, the medical team, including surgeon Dr. Gerardo García and anesthesiologist Dr. Óscar Gastelum Zatarain, proceeded with the surgery using desflurane and fentanyl for anesthesia.
“During the surgery, they administered fentanyl,” Enia Juliana recounted. “I had a bracelet that said I was allergic to fentanyl, and everyone in the operating room knew about my allergy. Despite this, they used fentanyl.”
As a result, Enia Juliana filed a complaint with the Public Prosecutor’s Office of the Attorney General of Justice of the State, citing potential medical negligence. The investigation registered under file number SJC/2725/2024/NUC regards the crime of “Administration of Inadequate Medication in the Degree of Consumation” against Hospiten San José del Cabo, an unknown defendant, and anesthesiologist Dr. Óscar “G.”
“The hospital, a large international chain based in Spain with 11 hospitals in tourist centers like Cancún and Los Cabos, did not acknowledge the mistake,” Enia Juliana stated. “The doctor even commented that they used fentanyl because it was the only option available without informing me or giving me the opportunity to seek treatment elsewhere.”
In response, Dr. Gerardo García mentioned that the case had been forwarded to the hospital’s insurance provider, which holds a Medical-Legal Responsibility policy. The insurer stated they could not take action until a formal legal complaint was filed by the patient.
A month after the complaint was filed on August 28, the case remains unresolved. Enia Juliana hopes the justice system of Baja California Sur will address the matter, as she seeks compensation and aims to prevent this from happening to others in the future.
—
### Related News
**Increasing Cases of Medical Negligence in Mexican Hospitals**
Recent reports highlight a rise in medical negligence cases in various hospitals across Mexico, raising concerns about patient safety and accountability within the healthcare system. In another high-profile incident, a patient at a private hospital in Mexico City suffered severe complications after being misdiagnosed and receiving incorrect treatment. This case, like many others, underscores the pressing need for stringent measures to ensure proper medical practices and patient safety.
Advocacy groups are calling for improved training for healthcare professionals and more robust oversight mechanisms to prevent such incidents. The Mexican Association of Patient Rights continues to push for legislation that mandates transparent reporting and accountability in medical institutions nationwide.
The growing awareness and reporting of these cases aim to foster a healthcare environment where patient safety is paramount, and those responsible for negligence are held accountable.