Medical malpractice Claims

Our health is our most prized possession and a treasure we place in doctor’s hands when we have medical treatment. Every so often, this treatment goes wrong or has undesired side-effects that may be caused by medical malpractice.

Medical negligence by a health professional has two main effects: firstly, are the physical or psychological injuries themselves; secondly, the collateral damages. Between them, they cause you serious problems that may last for years or even the rest of life.

Because of the consequences of medical malpractice, it’s vital to claim financial compensation if you’re a victim.

At Costaluz Lawyers, our goal is to obtain proper compensation for our client’s injuries and ensure they are treated fairly in the process. If you feel you are a victim of medical negligence, get in touch with our team right now for a free consultation.

Did you know? For a medical negligence claim to be successful, you must prove in court that the injury, disability or harm you suffer is a direct consequence of the medical treatment.

What are the most common types of medical negligence in Spain?

Medical malpractice takes a variety of forms including:

Misinformation – you were not adequately informed of the potential damage or side-effects associated with a medical intervention.
Direct negligence – damage or undesired effects caused directly by doctors or medical centres.
Inappropriate or inadequate testing – damage or injury caused by not carrying out the necessary tests to make a diagnosis.
Delay – damage or injury caused because of delays in your diagnosis, treatment or operation.
Defective treatment or materials – damage or undesired effects caused by faulty medical material or treatment.

Believe you’ve suffered any of the above? Get in touch with us straight away for a no-obligation chat.

Where does medical negligence in Spain take place?

The short answer is anywhere carrying out medical procedures. This includes public or private hospitals, private clinics, dental surgeries and clinics and cosmetic surgery establishments.

What’s the procedure when dealing with a medical negligence claim in Spain?

At Costaluz Lawyers, we take the following steps:

1 – Send you a Data Request form so you can prepare a list of facts about your case and all the circumstances relating to your complaint.

2 – We help you to obtain your medical history.

3 – You will be referred to an independent Doctor who will provide a report to us so we can make a final appraisal of your case.

4 – We will also send to you a General Information document providing information relating to the out of Court and in Court process and a budget of legal costs.

What sort of medical evidence will I need to present?

We like to see all the paperwork associated with the negligence such as medical reports prior to your intervention, photos of the damage and effects caused and receipts of expenses or your insurance policy. It’s also helpful to provide us with copies of complaints you have made before contacting us.

What about disclaimers?

We will also want to see any disclaimers you have signed. As we all know, the small print is always the most important and it’s essential to see exactly what you have to signed to decide whether or not you have a case for a medical negligence claim.

What’s an independent doctor’s report?

Along with any evidence of negligence, the independent doctor’s report is a vital pillar in proving your case of medical malpractice in Spain.

The report will provide information on two essential points:

Proof of the negligence and the consequences it has caused you.
An approximation of the financial impact on you of the injury or damage.

The report allows us to make a final assessment of your case to ascertain its solidity and file the correct claim application.

Any other documentation?

Medical malpractice may mean you suffer financial loss from incapacity or the inability to work. It’s helpful for us to see proof of this along with receipts for treatment you have had to undergo as a result of the negligence, for example, physiotherapy or corrective surgery.

How long do I have to claim?

As with all legal cases, time is of an essence so the sooner you put your claim in motion, the better. However, Spanish law allows for the following time periods:

Damage or injuries caused by a doctor, dentist or medical centre – five years.
Any other damage or injuries – one year.

You start counting from the moment the damage or injuries caused stabilizes.

What should I do next?

If you believe you have a case for medical negligence in Spain, get in touch with our team straightaway. We will be more than happy to look at your case and assess its chances of success.