medical practise

We have all heard of cases of medical malpractice, whether in the diagnosis or treatment. But all too often, claims against a medical professional or centre come to nothing. In this article, we answer questions about medical malpractice and describe the best way to make a claim if you or a loved one is affected by it.

What is medical malpractice?

Medical malpractice occurs when a healthcare professional in a hospital or clinic (state-run or private) fail to act as they should. In other words, they do not follow the accepted rules of medical practice to treat the patient. As a result, the patient suffers physical and/or psychological damage.

What are the most common sorts of medical malpractice in Spain?

The list runs long, but the most common are:

  • Wrong diagnosis.
  • Delayed diagnosis.
  • Delays because of waiting lists.
  • Lack of informed consent.
  • Wrong treatment.
  • Wrong surgery.
  • Infections at the hospital.
  • Lack of follow-up after the intervention or treatment.

Did you know? Costaluz Lawyers has a dedicated team of legal experts in medical malpractice and a long track record of successful claims. Find out how we can help you claim your compensation.

How do I know if medical malpractice has taken place?

Not all mistakes and errors committed by medical staff are attributable to medical negligence so it’s important to be clear on the exact definition of malpractice before making a claim.

Claims for malpractice must meet three requirements:

  1. Damage to the patient.
    This may take the form of a physical side or after-effect, psychological damage (death of a relative, for example, or neglecting to obtain informed consent for an intervention), or economic damage.
    If there is no accredited damage, there is little chance of compensation.
  2. Medical malpractice. All health professionals must act according to medical protocol and practices. If they do not, there is cause for a claim.
  3. Cause-effect between the damage and medical intervention.
    To make a claim, you must be able to show that there is a direct relationship between the damage suffered by the patient and the medical malpractice. There can be no other factors involved.

Did you know? In 2019, nearly 13,500 claims were filed in Spain for medical malpractice. Seven hundred fifty-seven people died as a result of negligence by medical professionals.

How do I make a claim for medical malpractice in Spain?

Your first step should be to take professional advice from a lawyer with expertise in the field of medical malpractice. You should take all proof of medical treatment (records, diagnosis, prescriptions etc.) to the lawyer to allow them to make an initial assessment of your case.

The legal expert will then inform you as to the basis for your claim. If your case meets the three requirements, there is every chance you can make a successful compensation claim.

Did you know? We are experts in medical malpractice.

Contact us now for a free consultation to find out how to make a claim.

María Luisa de Castro

DIRECTOR

María founded CostaLuz Lawyers in 2006 and is the Firm’s Director. María is registered Lawyer number 2745 of the Cadiz Bar Association and is licensed to practice in all areas of law throughout Spain. Working closely with her team, María has developed the firm into one of the most highly regarded and trusted Spanish Law Firms acting for English speaking clients with legal problems in Spain.

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