How to make a claim against medical malpractice

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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.

4 thoughts on “How to make a claim against medical malpractice”

  1. What about a hip replacement surgery that has left me crippled? Test after surgery showed loss of function in the gluteus M. Leaving me with a severe permanent limp, known as the Trendelenburg Gait. This is a painful condition that limits how far I can walk, even with a cane.

    1. Maria Luisa Castro

      Dear Lynda,

      I’m truly sorry to hear about the complications you’ve experienced after your hip replacement surgery. A postoperative loss of function in the gluteus medius muscle, resulting in a Trendelenburg gait, can be a serious and debilitating condition. This type of complication can have various causes, such as nerve damage during surgery, improper placement of implants, or infection, among others.

      Here’s a general approach you might consider:

      Medical Evaluation: It’s important to continue working with your healthcare providers to fully assess the extent of the damage and explore all the medical options you might have for rehabilitation or further treatment. This could include physical therapy, additional surgeries, or other interventions.

      Documenting Your Condition: Keep a detailed record of your medical visits, treatments, any communication with healthcare providers, and how the condition affects your daily life.

      Second Opinion: Consider getting a second opinion from another orthopedic specialist to explore if there are any other treatment options to improve your condition.
      Our expert in medical malpractice, Jorge Medialdea, can provide specific guidance and support. He would review your situation, possibly working with medical experts to analyze whether there was a deviation from the standard surgical care that led to your condition. If malpractice is suspected, he can advise you on the steps to take to seek compensation for your pain, suffering, and any additional medical costs incurred due to the surgery’s outcome.

      Jorge Medialdea will be in contact with you promptly to discuss your situation in more detail. In the meantime, continue to document all aspects of your condition and any further medical advice you receive.

      Best wishes,


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