What is a medical malpractice?

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Medical malpractice occurs when the doctor acts or makes a decision that does not meet and does not correspond to the rules governing the medical profession, and as a result of the action or omission occurs a harmful result.


Medical malpractice, medical error, or medical malpractice are concepts applied to inadequate medical care, which caused damages to the patient.

All medical negligence involves a breach by the doctor, or the hospital part, and that non-compliance must be linked to a harmful result. Both ends have to register both separately as together to be viable a claim for medical malpractice.


The Civil Code establishes in its article 1902 that "who by action or omission, cause harm to another, intervening fault or negligence, is obliged" to repair the damage caused.


WHAT TO DO IF YOU WANT TO REPORT A MEDICAL MALPRACTICE


Firstly please contact Attorney that it assess the viability of your case, and start the procedure for claiming compensation for damage resulting from medical negligence.


Must request your clinical history since as patient or user of public or private health care, is entitled to obtain your complete medical history including medical tests. You can obtain all the information and download different forms of application on our website.


It is important that you keep any medical documentation, since this can have great relevance in a claim for compensation for medical malpractice, medical error or malpractice. Therefore, it is advisable to request copy of all medical documents, even if you apparently believe that it lacks importance.


It is advisable, in addition, have documented the follow-up of the evolution of the injury, if possible with pictures.


For any questions or additional information, do not hesitate to contact us.


Medical negligence more common

Madrid medical negligence


Our professional experience in the field of medical errors and medical negligence, tells us that you among the causes most common recognized by courts, which generates the obligation to compensate, most frequently are the following which we link below:


1. error in surgical intervention. All sorts of interventions with harm result


2 error in diagnosis. A wrong diagnosis can have irreversible consequences


3. lack of employment of means of diagnosis, or untimely job


4. improper prescription of drugs. It can cause very serious injury


5. lack of consent in writing, and must be previously signed


6.-loss of opportunity, by the non-delivery or late delivery of treatment


7. error in cosmetic surgery, implants breast, facelift, liposuction, fat reduction


8. hospital infections, nosocomial infections or nosocomial


9 post-transfusion infectious disease transmission


10 malpractice in dentistry, implants, Endodontics, orthodontics, etc.



What damages are liable to indemnify?

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PERSONAL INJURY


Permanent injury: are compensable those sequels or already stabilized, lesions caused by medical negligence which have resulted in permanent injury.

Temporary disability: you can request compensation for temporary disability, i.e., by the time that has been slow to heal or stabilize the injuries caused by medical error.

Moral damages: should also demand the repair of the moral damage suffered, both by the person who has suffered neglect and relatives, considered in the same way victims of medical error.


MATERIAL DAMAGE


Consequential damage: you can claim compensation in respect of consequential damage. This covers all present and future expenses supported by the victim, such as: rehabilitation, medical expenses, transportation, future interventions, etc.

Profits: it is possible to also claim compensation in respect of loss of earnings, i.e., left for profit or the loss of income, as a direct and immediate consequence of a damaging fact.


Deadlines for a medical malpractice claim

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To perform the judicial claim for compensation for medical malpractice, medical error or malpractice, it must be distinguished firstly if negligence occurs in the public health service or private health service.


Thus legal to use and the corresponding deadlines shall be determined:


When is the responsible is a clinic or a HOSPITAL public deadline to claim 1 year

When is the responsible is a clinic or a HOSPITAL private time to claim 15 years