Medical malpractice is one of the most complex branches of law and one of the most common in the professional liability cases handled by medical malpractice lawyers.
The complexity of medical negligence claims lies in the fact that, in addition to proving the damage suffered by the patient, it is necessary to prove the negligence of the doctor and the health center and the causal link between the damage and the negligent action of the doctor. The first is proof that the patient has suffered damage and the claim must quantify these damages, which usually consist of: incapacity, physical and aesthetic sequelae, consequential damages and loss of earnings. Secondly, the negligent action or breach of the lex artis of the doctor or health professional must be proven, proof of negligence in which expert witnesses specializing in medical praxis play a key role. Finally, and in many cases the most complex requirement, the causal link between the damage caused and the doctor's negligence must be proved. In order to prove these three requirements, it is essential for patients to rely on lawyers and medical experts specialised in medical negligence.
At Summons we have been leading the defense of doctors, insurance companies and professional associations for many years, which is why we have extensive experience as specialist lawyers in medical negligence in Madrid and the rest of Spain. We also have a wide network of collaborating medical experts. Our experts and specialization as medical malpractice lawyers, both for doctors and patients, set us apart from other medical malpractice law firms, a specialization that is essential to increase the chances of success in claims for medical errors. The main medical errors seen on a daily basis as medical negligence lawyers are:
In short, if you or someone close to you has been a victim of medical negligence and you are looking for a medical negligence lawyer in Madrid or anywhere else in our country, contact Summons, we will take care of advising you from the first moment, putting all the means to ensure your rights and achieve the maximum compensation due.
It depends on the jurisdiction and the type of relationship with the doctor or health care institution. As a general rule, prescription for public medical centers is one year and for private medical centers five years, although it will depend on the type of medical negligence and the jurisdiction in which you are located.
In general, the period starts to run from the stabilization of the injuries or from the moment when the after-effects of the medical negligence can be assessed.
No. Only damage that occurs as a result of recklessness, a clear lack of knowledge or a lack of attention and care on the part of a medical professional can be considered negligence and therefore be subject to compensation.
No, in many cases family members such as children, partners, parents or siblings will also be considered injured parties and will be able to claim compensation.
Medical negligence claims are complex, it is not easy to claim for medical negligence and obtain compensation, given that the medical profession and their insurers have significant means of defense. Therefore, the only option to win in a medical negligence matter as a patient is to try to match the defenses in terms of means, and this is achieved by hiring our law firm, which has specialist medical experts.
There are many possible liable parties, although claims can usually be brought against the medical center and the doctors involved, as well as their insurers. You should be especially cautious when claiming for medical negligence, since a lack of analysis of the legal standing of the liable parties may lead to the failure of the claim and to an order for costs.
No, sometimes a medical malpractice case is settled amicably following a claim by the law firm. In such cases, a court claim is avoided and the patient is compensated. Moreover, in some legal claims, patients do not take part in the trial, and attend the trial only in public or only with their lawyer and solicitor.
Yes, as a patient you have the right of access to my medical records in accordance with the Law on Patient Autonomy. In cases of refusal of access to the clinical history, you can turn to our law firm to help the patient or their family to claim their medical records.
No, the lack of information is often an element that constitutes medical negligence, but it is not the only one. It is a mistake to always claim lack of information in complaints, as in many cases medical negligence lies in a diagnostic error, poor planning, a surgical technique error, or in postoperative follow-up, but not in the information provided to the patient.
Compensation for medical malpractice is not only based on injuries, but also takes into account possible moral damages, present and future medical expenses, lost earnings, among others.
