Vosseler Lawyers, lawyers specialized in medical negligence.
The concern for health It is a constant that throughout history has promoted research into the body, mind and the pathologies that can affect them. The progress of medical science and the development of applicable technology have given us the privilege of living in the era in which more and better care can be given to those who suffer from any ailment. With the exponential increase in treatments, the complexity of certain interventions, the enormous catalog of medications available and the massification of health services, both public and private, have also increased, however, the probabilities of being victims of some type of Medical negligence. The range of damages that can be caused is very wide, but in many cases it is the patients' own lives that are at stake and it is necessary to be able to deal effectively and decisively with the claims that such imprudence may give rise to.
Awards
The Servei Català de Trànsit of the Generalitat has awarded one of its 2015 Road Safety awards to lawyer Daniel Vosseler for his long professional career in this matter.
Medical malpractice
En Vosseler Lawyers We have lawyers specialized in this type of claims who will advise you in order to gather all the necessary evidence to claim the corresponding compensation. We will examine medical errors from the perspective of civil and contentious-administrative jurisdictions in order to compensate for the damage caused in private healthcare and claim the financial responsibility of the administration for actions in public healthcare, respectively. The inexperience, The imprudence, error in a surgical intervention or a diagnosis, The inappropriate prescription of medications, The lack of informed consenta whirlpool bath, nosocomial or hospital-acquired infection…no action that could be declared negligent should be overlooked.
Areas of Expertise
- Medical documentation processing
- Compensation claim
Victim of medical negligence? Act now.
Don't suffer in silence. Defend your rights and seek justice against medical errors.
Frequently asked questions
Below you can read the most frequently asked questions about medical negligence and types of medical negligence.
What should I do to report medical negligence?
To report medical negligence It is necessary to have the help of a lawyer specialized in this matter. He will analyze the case to determine its viability, and will help you throughout the entire claim process.
Can I claim medical negligence at any time?
No. The law establishes deadlines that you must meet in order to claim with the right to compensation.
What period of time do I have to report medical negligence?
Generally, the period available to claim or report medical negligence ranges from 1 up to 10 years. However, the period will depend on the center in which the negligence occurred and what type it is.
Therefore, if you suspect that you have suffered negligence, you should go to a lawyer specializing in medical negligence as soon as possible to advise you on the steps to follow.
Can I claim after the deadline?
Legal deadlines are set in such a way that they cannot be negotiated. If you miss the deadline to file a claim, you will lose the right to compensation. For this reason, if you suspect that you have suffered medical negligence, do not wait and go to a lawyer who specializes in the matter.
Can a family member claim medical negligence?
Yes. Negligence can be reported, not only by the patient, but also by his or her immediate family, such as parents or children. In some cases, the law also includes the case of other people who may be affected by the negligence; such as the people who live with the patient.
If I have had a bad evolution after an intervention, do I have the right to complain?
Not always. The fact of having a poor evolution or some sequelae after an intervention is not a sufficient reason to determine whether it is a case of negligence, or not. Therefore, it is important that you contact lawyers specializing in negligence cases, so that they can help you determine if, in your case, the claim is viable.
I believe I have suffered medical negligence. Do I have the right to request my complete medical history?
Yes. When reporting medical negligence, it is very important that you have all your medical documentation, such as the tests, reports and visits you have made to the center. If you do not have all that information, we can help you get it.
What is informed consent?
Informed consent is a process used to inform the client of the tests and interventions they will undergo throughout the diagnosis and treatment.
During this process, the responsible center gives the patient all the necessary information related to the treatment, so that the patient authorizes it and is aware of the risks to which it is exposed.
Before undergoing a test or intervention, the patient must sign this contract, which includes their consent.
What happens if I have not signed the informed consent?
When reporting medical negligence, the fact that the patient has not signed the informed consent is an additional argument in order to obtain a favorable ruling.
If there has been no informed consent, should I complain?
When going to the medical malpractice lawyer, it is important to inform them that you have not signed the consent. If you have not signed it, you will have greater chances of obtaining a favorable ruling.
Can I complain even if I have signed the informed consent?
Yes. The fact that you sign the consent does not mean that you cannot make a claim if negligence truly occurs. If you have doubts about whether your case was, in fact, negligence, you can contact our specialists.
What avenues do I have to claim public health negligence?
If the negligence has been committed in a public health center, you have two ways to complain.
The first is a Administrative claim. That is, a direct claim to the administration that carried out the negligence.
Secondly, we have the contentious-administrative route. In this case, a Judicial claim.
Can any attorney be effective in a medical malpractice case?
No. Medical malpractice cases have their particularities that only a specialist in the matter can know and understand. For this reason, it is best to hire a lawyer who has experience in them.
Negligence in Emergency Services
In the event of a medical emergency, the team of doctors must act quickly and efficiently to help the patient. The fact that doctors must be quick and efficient when diagnosing and treating a patient in an emergency situation can be the perfect breeding ground for medical negligence.
During the assistance process, negligence caused by not performing appropriate tests, not correctly diagnosing the pathology or carrying out inappropriate treatment. This can have very severe consequences, or even the death of the patient in some cases.
In case medical negligence occurs during the process of assistance in an emergency situation, the patient can claim. The emergency setting can be a health center, the emergency room of a hospital, or even out-of-hospital emergency services, such as the ambulance or mobile ICU.
Negligence in Private Healthcare
When medical negligence that occurred in a private healthcare hospital is confirmed through the feasibility study, it is time to begin the claim process. The purpose of this process is reach a point where the patient gets compensation that, as far as possible, compensate for the damages.
If you have suffered medical negligence in a private center, you should know that private healthcare is framed within civil jurisdiction, and also within contractual liability. That is why, to avoid costs, Extrajudicial means are usually tried first.
Our lawyers can help you file the claim in this way first and then go to court if it is necessary to continue with the claim.
Negligence in Public Health
In cases where negligence is suspected in a Public Health facility, our medical malpractice attorneys evaluate the case to determine if there is viability for a lawsuit.
If it is proven that a malpractice has indeed occurred, we help our clients file a claim with the Health Administration for the medical error. Since this is a complex judicial and expert process, It requires a team of expert medical malpractice lawyers to carry it out successfully.
In cases in which the existence of malpractice is proven and compensation is not compensated, or negligence is not directly recognized, it may be time to go to court.
Negligence due to error in diagnosis and treatment
Diagnostic errors are inherent to the medical profession. However, a diagnostic error can be considered medical negligence when the doctor has not carried out the necessary checks, controls and tests to offer said diagnosis; and that has had a negative result on the patient's health.
The error in treatment consists of the doctor deviating from the medical protocol, acting contrary to the Lex Arts, or alters the frequency of standardized healing acts. In this case, if the doctor followed a path in treatment that deviated from what the medical standard establishes, he would be considered negligent.
Negligence due to surgical errors
One of the most common types of medical negligence are those that occur before, during or after a surgical procedure. These types of errors can occur in any type of procedure. doctor, both in the case of invasive and non-invasive surgeries.
The fact that surgery is an event in which there is a high risk of complications does not protect medical professionals from carrying out the operation in an inappropriate manner. Therefore, in cases where damage occurs due to a careless, poorly planned or malpractice technique, it is possible to claim for medical negligence
Negligence in cosmetic surgery, dentistry and ophthalmology
In cases of cosmetic surgery and dentistry, the doctor must not only carry out the appropriate techniques using all the means at his disposal. Furthermore, sand requires a specific result, such as those that may be desired in case of lip retouching, whitening or dental implantology.
And, in ophthalmological interventions, the same thing happens, they also expect to obtain a specific result; for example, reducing the diopters of a case of myopia.
In these cases, the fact that the patient does not obtain the results offered from the doctor (better vision, better dental conditions or another type of aesthetic improvement), gives you the right to claim.
Sometimes it is possible to find situations in which the patient not only does not obtain the desired results, but due to malpractice, suffers consequences that worsen the initial situation.
In any of these situations, the patient has right to claim based on medical negligence.

