Through its president, the Honorable Representative Lydia Méndez Silva, the House of Representatives Health Commission, issued a report recommending the approval of the P. of the C. 193, which intends to amend the 544 statute of 2004 that created the Department of Health’s 8131 Regulation. This regulation, which created the “trauma centers”, limited the maximum compensation that a medical malpractice victim can claim for the damages caused in those trauma centers to $75,009. The regulation was amended by the last Secretary of Health, Dr. Lorenzo González, without a public hearing and was approved in less than 24 hours.
The actual Secretary of Health, Dr. Joglar, has revoked each and every clause of the fore mention regulation, because he believes that the certified trauma centers lack the required qualifications to be certified. Besides, it was determined that the regulation exceeded the scope of the statute that authorizes it and inappropriately infringes victims’ rights.
The P. of the C. 193 pursues, besides retroactive derogation of the regulation, that the medical malpractice victims, during the validity of the regulation, can be compensated.