Medical Negligence Lawyers in Madrid

Have you been a victim of medical negligence? At Valmaseda Abogados, a law firm specializing in medical criminal law in Madrid, we offer comprehensive and effective defense. We have a team of expert lawyers who have achieved notable results throughout Spain, especially before the National Court. Do not hesitate to contact us for personalized legal advice and to fight for your rights.

What Is Medical Negligence?

In Spain, medical negligence is defined as the failure of a healthcare professional to fulfill the duty of care, resulting in harm to the patient. This harm may be physical, psychological, or economic.

Law 41/2002 of November 15, which regulates the Patient’s Statute, establishes the rights and duties of patients in healthcare. In Article 19, it recognizes patients’ right to physical and psychological integrity and states that healthcare professionals must act with diligence and in accordance with good medical practice.

The Spanish Penal Code also considers medical negligence a crime in Articles 221 and following. These articles establish prison sentences and fines for healthcare professionals who, through gross negligence, cause injury or death to a patient.

To determine whether medical negligence exists, the following elements must be proven:

Duty of care: The healthcare professional had a duty to act with diligence and in accordance with good medical practice.
Breach of duty: The professional did not act with due diligence or committed a medical error.
Harm: The patient suffered physical, psychological, or economic damage as a result of the negligence.
Causal link: The harm suffered by the patient was caused by the negligence.

If you believe you have been a victim of medical negligence, it is important to consult a specialized lawyer who can advise you of your rights and help you claim the appropriate compensation. At our firm we will be happy to assist you.

Phases of a Medical Negligence Case

A medical negligence claim in Spain consists of several stages that ensure due process and the pursuit of justice. The main phases are:

Pre-Litigation (Extrajudicial) Phase

Gathering information: Collect all medical documentation related to the case, such as medical histories, medical reports, diagnostic test results, etc.
Case analysis: A specialized medical negligence lawyer analyzes the medical documentation to determine whether there is sufficient evidence to support a claim.
Negotiation: If the claim is viable, an out-of-court settlement with the healthcare provider or insurance company may be attempted — offering a faster and less costly alternative to trial.

Judicial Phase

Filing the claim: If no settlement is reached, a formal claim is filed with the appropriate court, including all allegations and supporting evidence.
Response to the claim: The healthcare provider or insurer has a set time period to respond with their defenses and evidence.
Evidence phase: Both parties present expert, testimonial, and documentary evidence. The judge or tribunal evaluates the evidence and determines whether negligence occurred.
Judgment: The court issues a judgment deciding whether the healthcare provider acted negligently and, if so, determining the compensation owed to the patient.

Appeals

Both parties have the right to appeal the judgment before a higher court if they disagree with the decision.

Important considerations:

Medical negligence proceedings can be long and complex, so specialized legal counsel is recommended from the start.
The burden of proof lies with the patient, who must demonstrate both the negligence and the harm suffered.
The time limit to file a medical negligence claim varies depending on the autonomous community, so consult with a lawyer to know the specific deadline in your area.

Penalties for Medical Negligence in Spain

Penalties vary based on the seriousness of the harm caused and the degree of fault of the healthcare professional. The Spanish Penal Code provides for the following:

Imprudent Injury

Minor injuries: If negligence causes minor injuries, the healthcare professional may be fined three to twelve months.
Serious injuries: For serious injuries, penalties may include 1 to 3 years in prison and fines of six to twelve months.
Very serious injuries: If very serious injuries occur, the penalty may be 2 to 5 years in prison and fines of eight to sixteen months.

Involuntary Manslaughter

If medical negligence results in the patient’s death, the professional may be convicted of involuntary manslaughter. Penalties range from 1 to 3 years in prison and fines of six to twelve months up to 6 to 10 years in prison and fines of twelve to eighteen months in cases of gross negligence.

Professional Disqualification

In addition to prison and fines, the responsible healthcare professional may be specially disqualified from practicing their profession for a determined period.

Penalties depend on the specific circumstances of each case, such as the severity of harm, degree of fault, and any previous history. Additionally, criminal liability is not the only consequence — the professional may also be civilly liable and required to compensate the patient for damages suffered.

Compensation for Medical Negligence

In Spain, compensation for medical negligence is intended to reimburse the patient for damages suffered due to negligent medical conduct. Compensation is assessed individually and may include:

Physical Damages

Medical costs: All expenses for medical care, including doctor fees, hospitalization, treatments, medications, and rehabilitation therapies.
Aesthetic damage: Permanent physical effects like scars or deformities, valued based on severity and impact on quality of life.
Temporary disability: Loss of income while the patient was unable to work due to negligence.
Permanent disability: Partial or total loss of work capacity due to negligence.

Psychological Damages

Moral damage: Emotional suffering, pain, and distress caused by negligence.
Psychological sequelae: Long-term psychological conditions such as anxiety, depression, or post-traumatic stress, weighed by severity and treatment needs.

Economic Damages

Loss of earnings: Beyond temporary disability, loss of future earning capacity or opportunities.
Material damages: Costs for repairing or replacing items damaged as a result of negligence, such as prosthetics or home adaptations.

Defense Options for the Healthcare Professional in a Medical Negligence Case

Healthcare professionals have several defense strategies available to protect their interests and demonstrate their innocence:

Deny negligence: Argue that actions were consistent with good medical practice, supported by medical reports, clinical histories, and expert testimony.
Claim exemption from liability: This may include:
- Informed consent: If the patient did not provide informed consent, the professional may be exempt from liability.
- Patient’s own fault: If the injury resulted from the patient’s own actions or failure to follow instructions, the professional may be exempt.
- Force majeure: If the harm resulted from an unforeseeable and unavoidable event, such as a natural disaster.
Attribute fault to a third party: For example, a medical device manufacturer or other service provider.
Reach a settlement agreement with the patient: In some cases, an extrajudicial settlement can save time and costs.
File an appeal: If dissatisfied with the court’s decision, the professional may appeal to a higher court.