IMSS to Compensate Woman After Delivering Wrong Corpse in Quintana Roo

Supreme Court Rules in Favor of Quintana Roo Woman

The Supreme Court of Justice of the Nation (SCJN) has ruled in favor of a woman from Quintana Roo who filed an injunction against the Mexican Social Security Institute (IMSS) in the state. The case stems from an incident where, following her mother’s death, she was given a corpse that did not belong to the deceased. This occurred at the IMSS clinic in Chetumal, and as a result, the Institute must now compensate her. This ruling sets a precedent for other individuals in similar situations to pursue legal action.

Details of the Incident

The incident took place in September 2020 in Chetumal when medical staff at the IMSS clinic delivered the body of the plaintiff’s mother to a different family. This action caused moral harm to the plaintiff, as she was unable to bury her mother according to her religious beliefs. Additionally, it constituted a violation of fundamental rights.

Legal Proceedings

Following the incident, in April 2021, the affected party went to the Coordination of Contentious Matters of the IMSS Legal Directorate as a first instance to report what happened. However, she received no response. Subsequently, she approached a regional court and a collegiate tribunal, both of which refused to accept her injunction. Therefore, her legal representation took the matter to the SCJN for federal-level treatment, where the injunction was successfully filed.

Court Ruling and Compensation

Finally, after the years that passed since the incident, just days before the end of 2025, the Supreme Court ruled in favor of the affected woman after the IMSS acknowledged the error. The Institute must now quantify the compensation amount under the principle of state patrimonial liability, which aims to have public institutions repair damages caused by omissions or wrongful acts committed by officials.

Significance of the Ruling

It is worth noting that in this case, the SCJN did not have to request evidence from the plaintiff because the IMSS admitted that the medical staff committed the fault. Furthermore, this is considered a historic ruling that sets a precedent for other citizens who have experienced or may experience similar situations to proceed and assert their rights whenever there is emotional or spiritual harm.