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.

How choosing the proper medical malpractice lawyer

How choosing the proper medical malpractice lawyer

It is true that in order to become lawyer, an individual must graduate from law school and passing the bar exam. However, that doesn't make that any lawyer is qualified in the same way to handle any legal matter. This is especially true in a specialized area of the law that requires technical knowledge.

Experience matters

A medical malpractice claim alleges that the defendant strayed of the standards of medical practice and that such an act or omission caused injury to the patient. Consequently, a lawyer in medical negligence of the plaintiff should be familiar with the applicable laws and must be able to understand the underlying medical information.

A medical malpractice plaintiff must prove all the elements of his case by a preponderance of the evidence. First, the plaintiff must prove that there was a legal duty between the defendant and the plaintiff. Then, the plaintiff must prove that this duty was not met since the defendant did not follow the accepted standard for such care and such standard deviation was the proximate cause of the injury of the plaintiff. Finally, the plaintiff needs to establish the damage that the requires that they be covered you.

In order to prove all the elements of the case, the plaintiff will need to rest on the testimony of an expert. The expert witnesses must be qualified and his testimony must be reliable. Work of the Adviser is to prepare their own expert witnesses and try to disqualify the expert witnesses of the other party.

Medical knowledge

In order to be able to properly prepare for cross examination or an expert witness, an attorney needs to have a solid understanding of the underlying medical terms, procedures, diagnoses and theories. For this reason, many lawyers in medical malpractice have their own nurses, doctors or other medical professionals who consult to learn about the relevant standards of medical care. Other medical malpractice lawyers are also medical doctors or registered nurses and consequently have expertise both in medicine and law.

Experience in litigation

In the majority of cases, the defendant in a case of medical negligence is a large medical malpractice insurance company. Insurance companies have deep pockets and can spend much on legal defense. Consequently, it is important to have a lawyer of the plaintiff who has experience in litigation and the settlement of claims for medical malpractice.

Medical malpractice cases can take a long time in litigation and can have a profound impact on the life of the complainant. In this virtue, it is important to choose a lawyer with which you feel peaceful and who believes it will take time to answer all your questions and represent you zealously.

Any lawyer that you have interest in working should be able to give examples of cases that has litigated and successfully fixed. The lawyer should also provide you with references.

When the time to retain a lawyer, it is important to consider all of the factors described above in such a way that you feel calm and have the best chance of success in its claim for medical malpractice.