Identify the negligence.

If you think that you or someone you know have been victims of medical negligence, the first thing you have to do is get out of doubt. Make sure that the injury is due to a bad medical practice, and not human error, in which case there will be no compensation. This difference is difficult, but also essential.

"A medical malpractice occurs when the optional acts poorly both by Commission and by omission, and this negatively affects the health of the patient", says María Luisa Bautista, of the law firm Bautista Alonso. "Do not confuse with human error".

It is considered that a health professional work negligently when not acting pursuant to the 'Lex Artis'. This concept-'law of art' in Castilian - refers to the set of practices that a doctor must perform to save the life of a patient at a given time and with a certain media. If it is shown that he has not followed this code may conclude that public health has committed medical malpractice.

2

File a complaint at the hospital.

When you are sure that there has been a neglect of health, directs a letter to the head of the hospital and the doctor who committed it. Provides all the information you think necessary (type of injury, symptoms, duration of illness, etc.) and requires a repair of the damage caused.

If you're disabled and you can not write the document, a relative or a friend can do it and present it for you. The only thing you need to do to prove its authenticity is to attach a photocopy of your ID card and your signature. If another person who is disabled, you can do the same for her.

If you do not receive a response or if the claim is dismissed, recourse to the courts.

3

Go to court.

Claim to justice for a medical malpractice case is a complicated process that can last a long time. A woman who suffered a medical malpractice with the digestive aftermath 4 years earlier was granted compensation of 200,000 euros in February 2011. For this reason it is advisable to have the services of a lawyer. The minutes that typically charge around 2,000-3,000 euros.

In General, the procedure to follow is as follows:

-In the event that medical malpractice has occurred in a public hospital, the responsibility lies with the public health, not about the doctor. You must file a claim before the courts of the contentious administrative, since when it is claimed to the State administration, the judicial procedure advances by civil means.

-If it was committed in a private hospital, the responsibility lies with the physician who has committed neglect, that runs the risk of being disabled. The judicial procedure is developed in this case through criminal or civil. You should go to the courts of first instance in your autonomous community to submit a complaint or a grievance.

4

The expert report, a key document.

The figure of the medical assessor is essential to demonstrate that you have been the victim of medical negligence. You will be responsible to thoroughly analyze your case. It will examine the medical treatment that you followed and clarify if the mistake made by the physicians is due to a bad practice or a human error. At the end of this process it shall draw up a report which shall state his opinion. The Court which tried your case much valued this document at the time of his sentencing.

The State can assign a forensic doctor of nursing to engage in your process, although it is recommended that you purchase one on your own, your report will tend to support your version of events. They are easy to locate on the Internet, and they can charge between 300 and 3000 euros for his services, depending on their specialty.

5

Use the statement.

If the judge rules against you, you can make a complaint. In the course of your case to advance through the criminal or civil (complaints and complaints against a doctor's private health) go to your Provincial Court. If the same thing happens in this instance used to the High Court of Justice and the Supreme.

If the verdict goes against you, you need to do off the coast of the trial. The custom is that these are set at 10% of the requested compensation. A lawsuit that claimed a compensation of 100,000 euros will have a coastline of 10,000 euros.

If instead your case follows the route of the contentious administrative (claims against public health), the resource that you have to file if the judge rules against you pass first through the rooms of the contentious administrative of the Audiencia Nacional. If the verdict be unfavorable attends the Court of your autonomous community.