It is very difficult to get compensation

Win a case of complaint for medical malpractice is difficult, especially if the respondent is a doctor who works at a private hospital. Aurelio Hernández Triviño, medical and forensic expert, health lawyer, argues that "demands that they go against the sector private tend to lose almost all". This is because "it is very difficult to prove negligence," and that these toilets tend to be supported by large teams of lawyers. If the judge rules against you, it takes a resource to your Provincial Court. If the same thing happens in this instance, go to the High Court of Justice, and from there to the Supreme.

It is much easier to succeed a complaint presented against the public health. "The percentage of success in these cases is much higher," says Hernandez, "not ordered the disqualification of the doctor, just compensation".

The chances of winning a complaint of this type also increase in cases of medical malpractice in aesthetic surgery. The lawyer Fernando Abellán clarifies that this type of specialties have a "plus of responsibility towards patients. When they go to a treatment of this type do not they are running a risk to life, so the courts are much more demanding in terms of informed consent".

Compensation of up to 1,000,000 euros.

The amount of compensation that you can receive as a result of medical negligence can be very high. This is decided taking into account the "physical harm and morality and work incapacitation arising from the injury", features the lawyer Carlos Menchaca.

It is very difficult to develop a relationship between each type of injury and the amount of money received by each of them. Even so, and with reference to statements that in such cases, you can set some general information. The loss of an eye in a person aged between 20 and 40 years, for example, be compensated with a figure ranging between 60,000 and 80,000 euros. This amount may amount to 120,000 euros in situations in which a death occurs. Cases of chronic injuries are those who reported the highest compensation. You can receive between 800,000 and 1,000,000 euros.

The numbers decrease as it increases the age of the patient who has been the victim of neglect. They are proportional to the expectation of years of life that you are ahead.

The money is exempt from tax

The money that is charged in these compensation not taxed, since it falls within the category of compensation for moral damage, exempt from any tax liability.