How to report a medical malpractice?

The number of medical malpractice cases in Spain is increasing dramatically as time goes by. This is mainly due to the reduced control over healthcare at the private level and the lack of responsibility of some healthcare professionals. In addition to budget cuts in the health sector.

Making a medical malpractice claim is a somewhat cumbersome process. To report a medical error it is necessary to present evidence that there was an omission or action which caused a deterioration in the patient’s health. However, with the advice of medical experts , it is feasible to win the claim.

Medical malpractice

Medical malpractice is directly related to the lack of responsibility of a health professional in the performance of his or her duties. It involves the non-application of accepted medical standards and non-compliance with established norms or sanitary protocols.

Medical negligence or malpractice can occur at any stage of medical care. From the initial assessment through the treatment to the follow-up of the clinical evolution. This can cause physical and moral damage and even death of the patient.

How to identify medical malpractice?

One of the most frequently asked questions people ask is how to identify medical malpractice . The easiest way to detect malpractice is to observe whether any of the patient’s rights have been violated. For your information, the following rights are listed below:

  • Medical care should be tailored to the pathology presented by the patient.
  • In order for medical care to be provided, there must be minimum conditions of hygiene and sanitation on the hospital premises.
  • The patient’s waiting time for specialized care should be reasonable to avoid exposing the patient to further deterioration of his or her health.
  • The patient has the right to know the different alternatives offered by the healthcare system and thus to sign the informed consent form.
  • Finally, you have the right to be treated on an equal basis with other patients regardless of your age and condition.

As statistics reveal, there is a certain percentage of patients who suffer some kind of violation of their rights upon admission to a hospital. In the event that this happens and leads to injury, the patient is entitled to compensation for damages.

How to report medical malpractice correctly?

In most situations of this type, there is a lack of knowledge of the correct way to proceed in order to file a complaint. This can lead to the family not carrying it out and the damage caused remains uncompensated. Below, we will tell you what you should take into account when filing a complaint.

  1. The most important thing is to have the specialized advice of a lawyer and a medical expert.
  2. You must have all the necessary documentation at hand.
  3. Once all the documentation has been gathered, it is important to identify which of these documents have evidentiary value in a legal proceeding.
  4. You must also have a medical expert’s report which certifies that medical malpractice has occurred.
  5. With all the necessary documents ready, you can proceed with the lawsuit through the courts.
  6. Then it is necessary to wait for the sentence to be issued and the verdict to be presented. If the latter is favorable, the plaintiff will receive compensation from the insurer of the health care provider who incurred in the medical malpractice.

It should be noted that the monetary compensation received for the medical malpractice suffered is intended to cover the patient’s medical care expenses. For this reason, it will not be taxed.

If you are in Alicante and you have suffered some kind of moral or physical damage, consult with the experts of the law firm Carlos Baño León. There, a lawyer expert in the area will advise you and accompany you throughout the process of claiming the compensation you are entitled to.

To contact us you can call us at: +34 965921853 or send us an email to: You can also visit us personally at Calle Pintor Lorenzo Casanova, 66, 1º A, 03003 Alicante, Spain and we will gladly assist you.

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