Victim of medical negligence? Discover how to claim damages and losses.
The world of medicine is a discipline as fascinating as it is complex. Despite scientific and technological advances, situations sometimes arise in which the actions of healthcare professionals can be questioned, generating negative consequences for patients. In this article, from BC lawyers, advisors, and consultants, as experts in the field, we want to share with you how to claim damages in cases of medical negligence in Spain. Additionally, we will provide some relevant examples to better understand the topic.
Medical Negligence: What is it and what should we consider?
Medical negligence occurs when a healthcare professional fails in their duty of care to the patient, causing harm that could have been avoided had they acted in accordance with the standards of medical practice. To claim damages, it is necessary to prove three fundamental elements:
Breach of duty of care: The medical professional must have acted recklessly or negligently, deviating from established medical protocols and standards.
Harm suffered by the patient: It must be shown that the patient has suffered harm, whether physical, psychological, moral, or economic, as a result of the negligent action.
Causal link between negligence and harm: A direct and clear relationship must be established between the medical professional's negligent action and the harm suffered by the patient.
2. Spanish Legislation on Medical Negligence
In Spain, the claim for damages in cases of medical negligence is mainly governed by two legal bodies:
The Civil Code, in particular, Articles 1,902 and following, which establish extra-contractual liability and the conditions for claiming compensation for damages.
The General Health Law, 14/1986, which in its Articles 3, 6, and 18 establishes the right and guarantee of citizens to receive adequate and quality healthcare.
3. Claim process and relevant examples
If you believe that you have been a victim of medical negligence, the first thing you should do is contact a specialized lawyer in the field to advise you on the claims process. At BC lawyers, we can help you throughout the process, analyze your case, and defend your rights, hold liable parties accountable, and claim the compensation you are entitled to. Here are the fundamental first steps:
Gathering information and evidence: You must gather all medical documentation related to the case, such as reports, diagnostic tests, and treatments received, as well as any other relevant data.
Medical expertise: It is essential to have a medical expert report prepared by a doctor specialized in the field, who determines whether there has been negligent action and quantifies the harm suffered.
Filing the lawsuit: With the evidence and expert report in hand, we will file the lawsuit before the corresponding courts, requesting the corresponding compensation for damages and losses.
4. Relevant judicial sentence in the matter
Over the years, numerous judicial sentences have been issued in cases of medical negligence in Spain. Below is a relevant case that demonstrates how the law is applied in this field:
Judgment of the Supreme Court, Civil Chamber, 249/2019, of May 10 (ROJ: STS 1801/2019 - ECLI: ES:TS:2019:1801)
This case refers to a patient who suffered facial paralysis as a result of surgical intervention to remove a tumor in the ear. The patient claimed that she had not been adequately informed about the risks of surgery and that the surgeon's actions were negligent. The Supreme Court concluded that there was indeed a lack of adequate information about the risks of the intervention and that disproportionate harm occurred in relation to the expected benefit. Consequently, the surgeon and medical center were ordered to compensate the patient with an amount close to 150,000 euros for moral damages, sequelae, and economic losses. This case is particularly relevant because the Supreme Court emphasizes the importance of informed consent and the physician's obligation to adequately inform the patient about the risks and benefits of a procedure. Additionally, the sentence highlights the need to evaluate whether the harm suffered is proportional to the expected benefit of the intervention.
Conclusion
Medical negligence is a topic of great relevance in the legal and healthcare fields. If you believe that you have been a victim of medical negligence, it is essential to seek the advice of BC lawyers, advisors, and consultants as experts in the field and follow the appropriate steps to claim compensation for damages and losses in accordance with Spanish law. It is also important to consider relevant cases and judicial sentences to understand how courts apply the law in this matter. Do not hesitate to contact us to analyze your case and would be more than happy to assist you.
bcinfo@bcabogadosyasesores.com
C/ Rosselló 235, 1º1º , 08008 Barcelona
+ 34 613 237 141
+ 34 932 497 670
Comments