Compensation for damages
Trust in healthcare professionals is essential. However, when medical error causes harm to a patient, it may be necessary to initiate a medical malpractice claim . In Spain, this type of liability falls under civil, criminal, or administrative law, depending on the healthcare facility involved.
In this article, we explain what constitutes medical malpractice, how to legally prove it, and what steps you should take to claim compensation for the damages you have suffered.
What is medical malpractice?
Medical negligence occurs when a healthcare professional breaches their duty of care, causing physical or psychological harm to the patient. Not every medical error involves negligence. For liability to exist, three elements must be present:
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An action or omission contrary to lex artis (good medical practices).
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An actual harm , physical or moral, to the patient.
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Direct causal relationship between medical conduct and harm.
The most common errors include incorrect diagnoses, inappropriate treatments, poorly performed surgical interventions, or lack of informed consent.
How to file a claim for medical negligence?
To initiate a claim, you must have sufficient evidence proving the medical error and the harm suffered. Below, we detail the key steps in the procedure:
1. Collection of medical documentation
The first step is to request and retain all clinical documentation:
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Medical reports and diagnostic tests.
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Surgical or hospital discharge reports.
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Informed consents.
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Expert reports if they have already been issued.
This documentation will be the basis for any subsequent claim.
2. Obtaining an expert report
It is essential to have a medical expert report prepared by an independent specialist assessing whether malpractice occurred. This report will be crucial to proving negligence before a judge or court.
3. Determine the appropriate legal avenue
Depending on whether the damage was caused by a public or private sector professional, different procedures must be followed:
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Public health centers : the claim is filed through administrative channels , for patrimonial liability of the Administration.
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Private clinics : the claim is processed through civil proceedings , by filing a lawsuit in the ordinary courts.
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Serious cases : if the act could constitute a crime (for example, manslaughter), criminal proceedings are possible.
At Vosseler Abogados we have a team specializing in medical negligence that will help you choose the most effective path according to your specific case.
What type of compensation can be claimed?
Compensation may include:
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Physical damage and permanent after-effects.
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Moral and psychological damage.
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Loss of profits , due to loss of income or work capacity.
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Medical expenses resulting from negligence.
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Costs of adapting to a new life situation.
In some cases, such as those analyzed in claims for liability of the Public Administration , the calculation of the damage requires economic reports and detailed expert assessment.
Deadlines for claiming medical negligence
The time limits for filing legal action for medical negligence vary depending on the route:
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1 year from the date the damage is known, if it is a public center (administrative route).
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5 years from the date of the event or from the stabilization of the damage, if it is a civil case against a private center.
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In criminal proceedings , the time limits will depend on the type of crime charged.
It is important to act quickly, as the calculation of the deadline is not always clear and can give rise to complex judicial interpretations.
The importance of legal advice
Medical malpractice cases are often legally complex and emotionally sensitive. The success of a claim depends largely on:
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A rigorous medico-legal analysis.
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The correct choice of legal path.
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The precise wording of the claim or demand.
Therefore, it is essential to have a specialized legal team , such as that of Vosseler Abogados , with experience in healthcare law, civil liability and claims for damages.
Suffering from medical negligence is a difficult experience, but the law recognizes the right to compensation for the injuries suffered. Filing a claim not only allows you to obtain financial compensation but also helps prevent others from suffering similar harm.
At Vosseler Abogados , we help you defend your rights with legal rigor and personal sensitivity. If you believe you have been the victim of medical malpractice, contact our firm for an initial assessment of your case.
