Medical malpractice lawyers in Madrid
Our medical malpractice lawyers in Madrid are professionals in healthcare law with extensive experience in cases of professional misconduct by practitioners in both public and private facilities.
Get in touch with lawyers in Madrid and seek advice on all matters related to health protection.
We handle the entire claims process, including drafting the lawsuit, out-of-court negotiations, representing you in court, and, above all, keeping the client informed about the progress of their case.
Attorneys specializing in Medical Malpractice in Madrid
We might be your trusted specialists in medical malpractice law in Madrid. That’s why we will offer you personalized attention and, above all, assess the viability of your case.
We present the client with civil, criminal, or administrative options to obtain the maximum compensation for malpractice as quickly as possible.
Furthermore, we collaborate with a team of expert medical experts who quantify the damages suffered by the victim as a result of any of the following medical malpractices:
- Negligence due to lack of informed consent.
- Injuries are caused during childbirth to the mother or newborn.
- Negligence due to lack of resources in healthcare centers.
- Errors in the surgical process or anesthesia.
- Negligence in cosmetic surgeries such as breast augmentation, liposculpture, hair and dental grafts.
- Misdiagnosis of cancer and any other type of disease.
- Negligence in pre-scheduled surgeries.
- Errors in prescribing and administering medications.
- Negligence in applying treatments for various types of heart conditions.
- Leaving any type of surgical material inside the patient’s body.
- Failing to provide necessary medical assistance promptly.
- Hospital-acquired infections are most commonly contracted in intensive care units, with the most frequent being pneumonia related to mechanical ventilation.
Madrid Lawyers focused on Medical Negligence Claims
Claims for medical malpractice are very complex because the damages suffered by the victim need to be proven.
Furthermore, it’s necessary to establish the negligent actions of the doctor and the healthcare center, as well as the causal link between the doctor’s negligent actions and the injuries.
The most challenging requirement, and typically the last step we take as medical malpractice lawyers in Madrid, is proving the causation relationship. This involves demonstrating the connection between the patient’s damages and the doctor’s negligence.
The initial step is to prove that the patient has sustained an injury, and the claim must quantify the damages and losses suffered, which generally include: disability, loss of income, direct financial loss, and aesthetic or physical consequences.
It’s also of utmost importance to prove the breach of the medical standard of care or the negligent actions of the doctor or healthcare professional, with a crucial contribution from expert witnesses specialized in medical practices.
Speak with medical malpractice lawyers in Madrid now; they are qualified professionals with extensive experience handling cases of this nature.
- Claims for medical malpractice are very complex because the damages suffered by the victim need to be proven.
- Furthermore, it’s necessary to establish the negligent actions of the doctor and the healthcare center, as well as the causal link between the doctor’s negligent actions and the injuries.
- The most challenging requirement, and typically the last step we take as medical malpractice lawyers in Madrid, is proving the causation relationship. This involves demonstrating the connection between the patient’s damages and the doctor’s negligence.
How to File a Medical Malpractice Claim in Madrid?
To file a medical malpractice claim, it’s necessary to have all the medical reports that support the case.
It’s recommended to maintain a photographic record that shows the progression of the injury and to seek guidance from the best medical malpractice lawyer in Madrid.
The procedure for pursuing a medical malpractice claim will depend on who and where the error was committed:
Medical errors occurring in public healthcare centers or by healthcare professionals affiliated with the Social Security system
The claim for medical errors in Madrid that occurred in public healthcare centers or by professionals affiliated with the Social Security system must be initiated with the relevant health administration.
It involves a claim for financial liability and follows an administrative process of filing a claim against the administration responsible for medical negligence.
In this procedure, compensation is sought for the damages and harm caused due to medical malpractice.
The maximum timeframe to initiate any claim is one year from the incident.
For cases of negligence that may have resulted in the patient’s death or caused or worsened an injury, illness, or damage, the timeframe begins when the damage is cured or stabilized.
The healing or stabilization of the damage is considered to have occurred when the patient is discharged since the injuries have healed or stabilized. If there are permanent consequences, they are assessed once this healing or stabilization has occurred.
The steps to inititate the claim are as follows:
Notify the incurred injuries and substantiate the alleged causal relationship between the injuries and the medical malpractice or malfunction of the public service. Please provide an economic assessment of financial liability.
Specify the moment when the injury occurred.
The claim process is overseen by the Technical General Secretariat, which must present a resolution proposal or indemnification agreement to the head of the Health Department.
Medical errors occurring in private healthcare centers or by private medical professionals
These errors can happen in private hospitals, medical centers, cosmetic surgery centers, private doctors, dentists, and plastic surgeons.
In this scenario, the procedure occurs in the civil or criminal jurisdiction courts and involves filing a civil liability lawsuit against the responsible party.
The timeframe for initiating a claim of this type varies according to the following cases:
- For Contractual Liability, the maximum timeframe is five years.
- For Extracontractual Liability, the maximum timeframe is one year.
- The maximum timeframe to file any medical malpractice claim starts from when the incident occurred or the patient’s death.
- If the injury worsens, the timeframe starts when the injury is cured or stabilized.
It’s also possible to resort to criminal jurisdiction and file a complaint for bodily harm.
In defense of patients’ rights: Lawyers in Madrid seek maximum compensation for medical malpractice
People should be aware that in the case of medical malpractice in Madrid, they can claim compensation for physical injuries, medical expenses, emotional distress, and its impact on the family’s well-being.
The damages that can be claimed for medical malpractice are as follows:
These are injuries that don’t heal but stabilize and leave lasting effects. If caused by medical negligence, the affected person can receive compensation.
This type of disability occurs when injuries caused by a medical error take time to heal or stabilize.
It refers to physical or emotional distress, pain, anguish, or any other kind of suffering experienced by the patient due to the injury. Often, emotional distress is suffered by the victim of medical negligence and their family members.
The material damages a victim of medical negligence may be of two types:
Direct Financial Loss
These are all the expenses incurred by the victim due to medical negligence. These expenses may include medications, medical costs, surgeries, rehabilitation, and transportation.
Loss of Earnings
This type of damage occurs when the victim of medical negligence loses their economic capacity due to the harm caused.
Individuals who believe they are victims of medical malpractice that has resulted in harm or injuries have the right to initiate a claims process. Through this process, it’s possible to hold the responsible party accountable for their actions and ensure appropriate consequences.
Through the claim, it’s feasible to obtain financial compensation, which can significantly assist in recovering or stabilizing the injuries.
If you’ve been a victim of medical malpractice, it’s crucial to seek guidance from a specialist lawyer in medical malpractice. The best medical malpractice lawyers in Madrid are available to provide guidance right from the start.