What is a medical malpractice?

negligence medical Madrid


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?

negligence medical Madrid


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

negligence medical Madrid


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

Medical malpractice

Negligence or medical malpractice is negligence of a physician or health care provider that has resulted in injury or death of a patient. Committed negligence when a wrong diagnosis or when to adhere to the standard medical practices. Cannot be responsible physicians by a pre-existing medical condition, but the agitation of a pre-existing medical condition can be considered negligence.

Negligence committed by doctors, nurses and hospitals healthcare professionals may cause injury to the patient or even his death. Injuries caused by medical errors in hospitals can lead to future health problems, new hospital expenses and emotional disorders.

The following are examples of errors in hospital where medical negligence can be committed:

Perinatal injury - improper labor practices causing injury to the newborn, and that sometimes lead to medical conditions like cerebral palsy or paralysis of Erb.

Medication errors - this may include one about medication or an insufficient medication, administration of the wrong drug or an incorrect diagnosis.

Diagnosis wrong - happens when a patient receives treatment for a disease that does not have or when a disease is not since the doctor did not recognize a threatening medical condition.

Surgical errors - the negligence can cause infection or surgery in the body the wrong site or the wrong patient

In the worst case, an error by the hospital causes the death of a patient, which causes grief and stress in the family of the deceased. A demand to file for culpable homicide to claim an award of damages for lost wages and pain and suffering caused.

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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.