Medical Malpractice in Alicante
In a high-profile legal dispute, a family from Alicante has filed an administrative complaint with the Regional Ministry of Health, seeking 2.3 million euros in compensation.
Our Lawyers in Alicante, medical malpractice experts have earned this family's trust and, from the very beginning, have been advising them on how to gather evidence and providing them with expert medical advice.
They claim that their son, Martín Reyes, suffered neurological damage due to accidental intubation in the Pediatric Intensive Care Unit (ICU) at the General Hospital of Alicante following an operation to cleft lip in February 2022.
The medical expert report provided by the family concludes that the extubation, which resulted in desaturation and bradycardia, was the result of a breach of the duty of care, causing neurological sequelae. This claim, however, has been contested by the Regional Ministry of Health, which maintains that reports are being prepared to establish the facts surrounding the child’s care in the ICU.
Martín was born on October 21, 2021, with several congenital malformations, including a cleft lip and a tracheoesophageal fistula, which required intensive medical care from the very beginning. After a successful operation to correct the fistula, the doctors proceeded to operate on the cleft lip. However, eight days after the operation, Martín suffered an accidental extubation, which the family believes was the cause of his neurological sequelae.
The medical expert report submitted by Carlos Baño Leon, attorneys specializing in medical malpractice in Alicante
Based on hospital reports from June 2022, it describes Martín’s progression to hypoxic-ischemic encephalopathy, resulting in cerebral palsy. According to the report, the sequelae include severe dysphagia, spastic tetraparesis and significant cosmetic damage.
The medical examiner emphasized the term «accidental extubation» found in the reports signed by several specialists. According to hospital reports, Martín is expected to require constant care due to the severity of his condition.
Meanwhile, the moving story of Martín's struggle to recover has garnered considerable attention in the social media. Martín's mother, Yovana Reyes, has created an Instagram account with more than 30,000 followers, where she shares her son's story and seeks support for his rehabilitation.
Despite the difficulties, the family has reported significant progress thanks to the therapies funded by their fundraising campaign. The mother describes how Martín, who could barely move a few months ago, is now able to roll onto his stomach and try to sit up thanks to these therapies.
The family has expressed its gratitude for the solidarity and support they have received during this difficult time, and will continue to fight for the justice and compensation they believe their son deserves.
This legal and medical dispute remains unresolved, while Martín's parents hope that justice will be served for the harm their son has suffered.
Lawyers specializing in medical malpractice at Carlos Baño León’s firm filed the required preliminary claim for financial liability, and we are awaiting a decision that we anticipate will deny the government’s financial liability, forcing us to pursue the matter through administrative litigation.
It should be noted that claims for medical malpractice arising from public healthcare fall under the jurisdiction of the administrative courts and not the civil courts, and prior to filing a legal claim for financial liability against the government, it is required to file the relevant preliminary claim—which Carlos Baño Leon’s team of attorneys specializing in medical malpractice in Alicante filed nearly six months ago, though no explicit decision has been issued thus far.
The family is represented by an attorney who specializes in medical malpractice cases
which believes there is sufficient evidence to establish a breach of duty of care in the health care provided to little Martín. In addition to the administrative complaint, the family is also considering filing a criminal complaint.
Meanwhile, the Regional Ministry of Health insists that all necessary investigations are being conducted to determine whether there were any irregularities in the medical care provided. According to the agency, until this is demonstrated and proven, Martín’s condition cannot be attributed to postoperative extubation problems.
Our attorneys specializing in torts strongly disagree with this argument, which seeks only to absolve the party of liability that actually exists.
Medical Malpractice at Alicante General Hospital
The Alicante General Hospital He is also involved in the investigation of the events, having requested reports on the medical treatment and care provided in the ICU. These reports are expected to clarify what happened during Martín’s postoperative period and whether any errors were made.
In addition to the legal battle—for which they are receiving advice from medical malpractice specialists at Carlos Baño León’s law firm in Alicante—Martín’s family is also conducting a series of fundraising campaigns on social media to finance their son’s rehabilitation and treatment. These campaigns have gained widespread attention, with thousands of people following Martín’s story and offering their support.
Martín’s mother, Yovana, has expressed her gratitude for the solidarity and support they have received so far. According to her, these efforts have led to «impressive progress» in Martín’s condition. Despite the initial prognosis, Martín has shown remarkable strength and perseverance, offering a ray of hope amid the uncertainty.
Despite the challenges, the Reyes family continues its fight for justice with the help of our Alicante-based personal injury attorneys at Carlos Baño León, who are representing their son and raising awareness about the consequences of medical malpractice. Martín’s situation, though heartbreaking, is also a testament to human resilience and a family’s unwavering determination to overcome adversity.
In summary, this case highlights the importance of diligence in healthcare, especially in critical medical procedures. It also highlights the impact of social media on raising awareness and support for medical causes. While Martín’s family awaits the results of the medical review and the legal resolution, they continue their tireless fight for justice and to ensure a better future for their brave little boy.
Attorneys at Carlos Baño León’s law firm, who specialize in medical malpractice, are advising the family during this difficult time and hope to secure recognition of their moral rights, followed by compensation for the damages and losses suffered—although this financial compensation can never fully repair the harm caused to the family.
More information on the medical malpractice case in Alicante:
https://www.informacion.es/alicante/2023/05/20/familia-alicante-reclama-sanidad-3-87207874.html
