Medical Negligence

Medical and Healthcare Liability

Medical liability is the obligation that medical professionals and healthcare institutions have to respond for damages caused to patients in the exercise of their professional activity.

Liability exists when damage to the patient occurs as a result of medical action that does not meet the standards of lex artis (good medical practice), whether by action or omission.

Types of Medical Negligence

Diagnostic Errors

Late, erroneous diagnoses or absence of diagnosis that have caused damage to the patient. Includes:

• Failures in interpreting medical tests
• Incorrect differential diagnoses
• Not requesting necessary tests
• Unjustified delays in diagnosis

Surgical Negligence

Errors during surgical interventions that cause damage to the patient:

• Unnecessary surgeries
• Iatrogenic injuries (caused by treatment)
• Nosocomial infections (acquired in hospital)
• Avoidable complications during or after surgery
• Forgetting surgical material in the patient's body
• Errors in surgical procedure

Medication Errors

Claims for incorrect medication prescription:

• Dosage errors
• Unconsidered drug interactions
• Prescription of contraindicated medications
• Adverse reactions due to lack of adequate medical follow-up
• Administration errors

Lack of Informed Consent

Cases where the patient has not been adequately informed:

• Not informing about treatment risks
• Not explaining available alternatives
• Not warning about treatment consequences
• Violation of patient autonomy rights
• Not allowing informed decision-making

Requirements to Claim

For medical liability to exist, the following must concur:

1. Negligent medical action: Breach of lex artis (adequate medical practice)
2. Damage to the patient: Physical, psychological injury or health deterioration
3. Causal link: Direct relationship between negligent action and damage produced
4. Economically evaluable damage: Possibility of quantifying compensation

Types of Medical Liability

Contractual Liability

Occurs when there is a contract (explicit or tacit) between the patient and the doctor or healthcare center. Breach of contractual obligations generates liability.

Example: When you go to a private consultation.

Extracontractual Liability

Occurs when damage is caused without prior contractual relationship.

Example: Emergency care in public healthcare.

Criminal Liability

When negligence is so serious that it constitutes a crime. In these cases, in addition to civil compensation, there may be criminal conviction.

Proof of Medical Negligence

The burden of proof corresponds to the patient, who must demonstrate:

• That there was medical action
• That such action was negligent (did not comply with lex artis)
• That they suffered damage
• That there is a causal link between the action and the damage

For this it is essential:

• Complete medical history
• Expert reports from independent medical experts
• Documentation of all consultations and treatments
• Medical tests performed
• Testimonies from other professionals

Compensation for Medical Negligence

Compensation may include:

Personal Damages

• Temporary or permanent injuries
• Physical and psychological sequelae
• Loss of quality of life
• Work disability (temporary or permanent)

Economic Damages

• Medical expenses (treatments, rehabilitation, medications)
• Loss of income (past and future)
• Home or vehicle adaptation
• Third-party assistance

Moral Damages

• Physical and psychological suffering
• Aesthetic damage
• Damage to social relationships

Deadlines for Claims

• Civil route: 1 year from knowledge of the damage and the responsible person
• Criminal route: 5 years from when the crime was committed (if negligence constitutes a crime)

It is essential to act quickly to:

• Not lose the right to claim
• Preserve evidence
• Access medical history

Victim of Medical Negligence?

At IURIUM CONSULTA we are experts in medical negligence. We offer:

• Free evaluation of your case
• Independent medical expertise
• Complete management of the claim
• Negotiation with insurers and healthcare centers
• Legal representation if necessary

Don't let time pass. Contact us for a personalized and professional consultation about your medical negligence case.