Medical negligence or malpractice occurs when a health specialist, usually a doctor, violates the required standards either by action or inaction and, in most cases, causes physical and even fatal harm to the patient.
What you should do if you suspect you were a victim of medical misconduct is to approach a medical negligence lawyer who, thanks to their experience with this type of cases, should take into account that a medical document can be of great importance in a subsequent complaint. Therefore, you should request a copy of all medical documents in any type of procedure, even if you believe it is a more extensive document.
If you consider it necessary, you should contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or write to us through WhatsApp so you can receive the best free consultation about your case of medical malpractice and, if applicable, we can help you alongside a medical negligence lawyer to obtain the highest possible compensation.Some of the most common causes of medical malpractice may be:
- Delay in diagnosis.
- Error in diagnosis or interpretation.
- Surgical interventions with unfavorable results for the patient.
- Insufficient prescription of medications.
- Failure to follow records.
- Transmission of diseases such as hepatitis or AIDS through blood transfusion.
- Failure to achieve the promised result in cosmetic surgery, elective surgery, liposuction, weight loss, prosthetics, etc.
- Nosocomial or hospital-acquired infections.
- Damage caused by surgical material itself or by negligence left inside the patient.
- Death due to lack of emergency care.
- Lack of informed consent and consequently lack of prior information about the action to be performed with its possible alternatives and consequences.
- Inadequate follow-up of the patient during the postoperative period.
The procedures that can be used to seek compensation for damages caused by medical malpractice are found in two large groups: first, there are medical errors committed in public medical centers or by their healthcare professionals (in social security) and, secondly, we find errors committed in or by private medical centers.
- Cases of negligence in public healthThe procedure to follow in these cases is the request for patrimonial liability to the competent health authority. This is an administrative procedure to seek compensation for the injured party from the administration that caused medical negligence for the damage caused by its fault.The maximum period to initiate this procedure is one year from the occurrence of medical negligence, death of the patient or in case of injury / damage / illness caused or aggravated by such medical negligence, this period runs from the date this injury / damage / illness has been cured or stabilized.Treatment or stabilization occurs when the victim is freed from the injuries caused, either because they are already cured or because they are already stabilized and, therefore, will be consolidated for the rest of their life as sequelae.It is complex to determine exactly when the eligibility period begins to run. Therefore, it is recommended to consult with your medical negligence lawyer.
- In case of negligence in the private health field (hospitals and private medical centers, private doctors, dentists, cosmetic surgery centers, plastic surgeons, etc.): the following procedure is a civil liability lawsuit, against the person who caused the damage in civil jurisdiction: it is a procedure that will be followed in the courts of civil jurisdiction.As for the statute of limitations, the normal duration in this case is 5 years (contractual liability), but sometimes even 1 year (non-contractual liability).As in the previous case, this period begins with the occurrence of medical negligence, the death of the patient or the event in which the injury / damage / illness is caused or aggravated by such medical negligence. It would count from the date that injury / damage / illness was cured or stabilized. The concept of stabilization was explained in the previous point.
If you need to, you should contact Conexión Legal as soon as possible so you can receive the best free consultation and, if applicable, we can help you obtain the highest possible compensation for medical negligence.
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