In this article we will tell you what it is and how we should proceed with a medical malpractice.
What do we call medical negligence?
You are before a medical negligence or medical malpractice when in a hospital, health center or a member of the health staff does not follow the required medical protocol, causing physical and/or moral damage to the patient. It is therefore an error given by an inadequate treatment that leads to an injury to the patient, when it has stopped acting or has not been well reported. This physical or psychological injury will be a responsibility that may fall on any health professional.
The most common cases of medical malpractice are:
- Bad diagnosis.
- Failure to carry out an adequate follow-up after an operation.
- Insufficient protection against aggressive treatment.
- Premature medical discharge due to a bad examination of the patient, or on the contrary, delayed due to a poor prognosis.
If you are a victim of Medical Malpractice, how should you act?
Medical negligence | Català Reinón
Once the medical malpractice is detected, if there is a mortal victim, it is essential to request an autopsy before the judge on duty. Due to the fact that it is an independent test which can serve the claim.
Likewise, all the medical documentation that you have must be collected and even demand such documentation in the medical center. Medical records, the surgical blade and the informed consent; both last ones signed by the patient will be needed if there has been any intervention. It will be convenient to have the testimony of other patients or witnesses.
After all this, and with the suspicion of having been a victim of medical malpractice, it would be convenient to contact a lawyer specialized in medical negligence. It will be he who will determine if there is indeed negligence in the medical practice and, if there is one, in what way the claim should be made. There are three procedures for making a claim for medical malpractice: criminal, civil and administrative litigation.
With the administrative litigation procedure the patrimonial responsibility of the administration is demanded, and not of the specific medical personnel. In this way, it will be easier to obtain a favorable sentence than through a criminal procedure, but slower. In this procedure you will need a lawyer and to pay court fees.
Civil procedure seeks only financial compensation from the person responsible for medical malpractice. Procedure used in case of minor negligence, since it is the most efficient way, but more economically expensive given that it can lead to ruling on costs.
Lastly, criminal procedure pursues economic compensation and, jointly, to declare the doctor who practiced medical malpractice guilty. It is a fast and economical procedure. The judges may disqualify or condemn the doctors.
What can be claimed in a Medical Malpractice?
In any of the jurisdictions previously exposed, you can claim for each of the three types of fault in case of Medical Negligence:
First we find unconscious guilt, which would be the lack of foresight or recklessness that produces avoidable negligence. Next,conscious fault, where it is trusted that the result should not occur, although there is evidence that it falls within the possible or probable. Finally, there is professional fault, which has been acted against the Lex Artis Medical, that is, the protocol or the rules of the medical activity itself.
What damages will be compensable by Medical Malpractice?
The compensable damages suffered by the patient can be of 2 kinds:
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PERSONAL DAMAGE
They are the permanent injuries that the patient has, the damages and, constant and continuous sequels produced by the medical error. Likewise, temporary disability will be compensated, that is, the time required to recover from the injuries caused by medical failure. Finally, the moral damage suffered must be compensated economically, the moral suffering of the victim of medical malpractice, as well as that of their relatives.
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MATERIAL DAMAGE
Here we find the possible compensation of both Loss of Profit, which is the loss of the economic capacity of the affected one caused by the medical error and, on the other hand, Actual Loss, which would consist of all the expenses that medical malpractice produces in the patient, such as properly medical expenses, rehabilitation expenses, expenses produced by the adaptation of the patient's new life, etc.
Lawyers specialized in medical negligence in Barcelona and Sabadell
Rely on Catalá Reinón Abogados, we provide a service of advice, defense and claims for medical negligence of individuals in those patients who suffer a medical malpractice in front of the different health institutions, whether public or private. Our specialized lawyers in medical negligence will advise you in a personalized and immediate way, they will help you and guide you from the first moment until the end of the whole process.
