A family from Alicante demands 2.3 million euros from the Health Department for medical negligence.

Medical malpractice in Alicante

In a high-profile legal dispute, a family from Alicante has filed an administrative claim with the Regional Ministry of Health, requesting compensation of 2.3 million euros.

Our lawyers in Alicante, experts in medical malpractice have the confidence of this family and from the beginning they are advising them with the collection of evidence and also with a qualified medical expert advice.

They allege that their son, Martin Reyes, suffered neurological damage due to an accidental intubation in the Pediatric Intensive Care Unit (ICU) of the General Hospital of Alicante after a cleft lip operation in February 2022.

The medical expert report provided by the family concludes that the extubation, which resulted in desaturation and bradycardia, was the result of a breach of duty of care, causing neurological sequelae. This claim, however, has been contested by the Conselleria de Sanidad, which maintains that reports are being prepared to establish the facts surrounding the child’s care in the ICU.

Martin was born on October 21, 2021 with several congenital malformations, including a cleft lip and a tracheoesophageal fistula, which required intensive medical care from the beginning. After a successful operation to correct the fistula, the doctors proceeded to operate on the cleft lip. However, eight days after the operation, Martin suffered the accidental extubation that the family believes was the origin of his neurological sequelae.

The expert medical report provided by Carlos Baño Leon’s medical malpractice lawyers Alicante.

Based on hospital reports from June 2022, it describes Martin’s progression to hypoxic-ischemic encephalopathy with sequelae of infantile cerebral palsy. According to the report, the sequelae include severe dysphagia, spastic tetraparesis and considerable cosmetic damage.

The medical examiner emphasized the term “accidental extubation” in the reports signed by several specialists. According to hospital reports, it is expected that Martin may need constant assistance due to the severity of his conditions.

Meanwhile, the moving account of Martin’s struggle to recover has gained considerable attention on social media. Martin’s mother, Yovana Reyes, has created an Instagram account with more than 30,000 followers, telling her son’s story and seeking support for his rehabilitation.

Despite the difficulties, the family has reported significant progress thanks to the therapies funded by their fundraising campaign. The mother describes how Martin, who could barely move a few months ago, can now roll over on his stomach and try to get up thanks to these therapies.

The family has been grateful for the solidarity and support received in this difficult journey, and will continue to fight for the justice and compensation they believe their son deserves.

This legal and medical dispute remains open, while Martin’s parents hope that justice will be done for the harm suffered by their son.

Lawyers specialized in medical malpractice of Carlos Baño León presented the obligatory previous claim of patrimonial responsibility and we are waiting for a resolution that we imagine will be of lack of recognition of the existence of patrimonial responsibility of the Administration and will force us to have to resort to the judicial contentious-administrative route.

It should be known that claims for medical malpractice arising from public health care is the competence of the contentious-administrative jurisdiction and not the civil jurisdiction, and prior to the judicial claim of liability of the Administration is required to formulate the relevant prior claim what lawyers specializing in medical malpractice in Alicante Carlos Baño Leon formulated already 6 months ago, without against so far with an explicit resolution.

The family is represented by an experienced medical malpractice attorney.

medical malpractice in alicante

which believes that there is sufficient evidence to establish a breach of care in the health care provided to little Martin. In addition to the administrative claim, the family is also considering criminal prosecution.

Meanwhile, the Conselleria de Sanidad insists that all necessary investigations are being carried out to determine whether there were irregularities in the medical care provided. According to the agency, until proven and tested, Martin’s conditions cannot be attributed to postoperative extubation problems.
Our lawyers specializing in damages and losses disagree at all with this thesis that only seeks exculpation in the liability that really exists.

Medical malpractice at Hospital General de Alicante

The General Hospital of Alicante is also involved in the review of the events, having requested reports on medical treatment and ICU performance. It is hoped that these reports will clarify what happened during Martin’s postoperative period and whether any mistakes were made.

In addition to the legal fight, for which they have the advice of specialists in medical malpractice from Despacho de abogados de Alicante de Carlos Baño León, Martín’s family is also carrying out a series of fundraising campaigns on social networks to finance the rehabilitation and treatment of their son. These campaigns have gained wide visibility, with thousands of people following Martin’s story and lending their support.

Medical malpractice in Alicante
Medical malpractice in Alicante

Martin’s mother, Yovana, has expressed her gratitude for the solidarity and support received so far. According to her, these efforts have led to “impressive advances” in Martin’s condition. Despite initial prognoses, Martin has shown remarkable fortitude and perseverance, offering a glimmer of hope amidst the uncertainty.

Despite the challenges, the Reyes family continues their fight for justice with the help of our Alicante personal injury lawyers at Carlos Baño León for their son and to raise awareness of the consequences of medical malpractice. Martin’s situation, while heartbreaking, is also a testament to human resilience and a family’s unwavering will to overcome adversity.

In summary, this case highlights the importance of diligence in healthcare, especially in critical medical procedures. It also highlights the impact of social media on visibility and support for medical causes. While Martin’s family awaits the outcome of the medical review and legal resolution, they continue their tireless fight for justice and to secure a better future for their brave little boy.

Lawyers from the law firm of Carlos Baño León, specialists in medical malpractice, are advising the family in this delicate situation they are going through and hope to be able to obtain in their favor a recognition of their rights, which is moral, and then to compensate them for the damages caused, although this economic compensation will never be able to repair the damage caused to the family.

More information about the medical malpractice case in Alicante:



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