Medical Negligence: How to Proceed and Protect Your Rights

The number of medical negligence claims in Spain has notably increased in recent years. This rise is largely due to the lack of thorough oversight in private healthcare, limited accountability among some healthcare professionals, and budget cuts in the public sector, all of which impact service quality.

Filing a medical negligence claim can be a complex and often daunting process for those affected. To report a medical error, it’s essential to provide clear evidence of an omission or negligent act that led to the patient’s health deterioration. However, with the support of Medical Experts and specialized lawyers, it’s possible to navigate the process and increase the chances of a successful claim.

Definition and Scope of Medical Negligence

Medical negligence refers to a healthcare professional’s failure to perform their duties responsibly. This includes not adhering to accepted medical standards or violating established protocols and health regulations. Such negligence can have severe consequences, ranging from physical harm to emotional distress, and even the patient’s death.

Malpractice can occur at any stage of medical care, whether during the initial assessment, treatment, or clinical follow-up. In these situations, it’s crucial for those affected to understand their rights and the necessary steps to properly file a complaint.

Common Cases of Medical Negligence

• Diagnostic errors, such as misidentifying a disease or failing to detect it in time.
• Inappropriate prescription of medications or incorrect dosages that endanger the patient.
• Surgical procedures performed without proper informed consent.
• Lack of hygiene in hospital facilities, leading to nosocomial infections.
• Negligence during childbirth, such as improper use of instruments or delays in necessary cesarean sections.
• Abandonment of the patient during the postoperative period, potentially worsening complications.

Impact on Patients and Their Families

The impact of medical negligence affects not only the patient’s physical health but also has psychological and economic repercussions for their family. Victims often experience a loss of trust in the healthcare system, emotional stress, and the burden of additional costs for corrective treatments.

In some cases, families must also cope with the patient’s loss of income due to temporary or permanent inability to work, further exacerbating the situation.

Patient Rights in Cases of Negligence

To identify malpractice, it’s essential to determine whether any of the following patient rights have been violated:

• Receiving appropriate and personalized medical care according to their condition.
• Being treated in facilities that meet minimum hygiene and safety standards.
• Not being subjected to excessive wait times that could compromise their health.
• Accessing informed consent to make decisions about their treatment.
• Being treated equally, regardless of age, gender, or economic status.

If a patient believes that any of these rights have been violated and has suffered harm as a result, they are entitled to seek compensation.

How to Properly Report Medical Negligence

Many individuals are unaware of the proper procedure for filing a complaint, but following the correct steps is essential to ensure a successful claim. Here are the key steps:

1. Seek advice from a lawyer specializing in medical negligence and a medical expert.
2. Gather all medical documentation, such as clinical histories, reports, and invoices.
3. Identify which of these documents are legally admissible as evidence.
4. Obtain an expert report confirming the medical negligence and its relation to the harm suffered.
5. File the complaint through legal channels with all necessary documentation and the expert report.
6. Await the verdict. If favorable, the claimant will receive compensation from the healthcare professional’s insurer.

What Does Compensation Cover?

Compensation aims to cover medical, psychological, and rehabilitation expenses resulting from the negligence. It’s important to note that these compensations, being related to personal damages, are not subject to taxation.

Additionally, compensation may include:

• Transportation costs to specialized medical centers.
• Home adaptations for individuals with disabilities.
• Compensation for loss of income due to inability to work.
• Moral damages suffered by the patient and their family.

Deadlines for Filing a Complaint

The timeframe for filing a medical negligence complaint varies depending on the case and jurisdiction. Generally:

• In public healthcare, the deadline is one year from the occurrence of the negligence or from when it became known.
• In private healthcare, the deadline can be up to five years, as it falls under civil law.

It’s crucial to consult with a lawyer to ensure compliance with these deadlines and not miss the opportunity to file a claim.

The Opinion of Carlos Baño Abogados

Based on our experience at Carlos Baño Abogados, we believe it’s essential to act swiftly and seek specialized advice from the outset of the claims process. Medical negligence cases can lead to significant legal and emotional challenges, but with proper management and support from an expert team, favorable outcomes for those affected are achievable.

We always recommend an initial consultation with a lawyer specializing in medical negligence to assess the case’s viability, gather necessary documentation, and obtain a solid expert report to support the claim.

If you’ve suffered medical negligence and need legal advice, don’t hesitate to contact us. At Carlos Baño Abogados, we’re here to offer personalized and effective solutions, always defending your rights.

You can also find us on Google Maps and visit our offices in Alicante for direct assistance.