Does your case fit into any of these categories?
Not every medical complication is negligence, but many are and go unclaimed. These are the situations that most frequently come to our office.
Diagnostic error or delay
A pathology that was not detected in time, was mistaken for another condition, or was referred late to a specialist. The delay can reduce treatment options and irreversibly worsen the patient's prognosis. The work of a diagnostic error lawyer consists of demonstrating that, with actions in accordance with protocol, the outcome would have been different.
Birth injuries
Medical negligence during childbirth frequently leaves lifelong consequences, for both the mother and the newborn: a delayed Caesarean section, an improper manoeuvre, or an anaesthetic error. Childbirth negligence can also involve failing to detect foetal distress in time, which would have necessitated an earlier delivery. These are cases with particularly high compensation claims.
Complications following surgical intervention
A surgical error can range from forgetting surgical material inside the patient, to injuring organs that were not operated on, or an outcome that has nothing to do with what you were told before the operation. Added to this are hospital infections resulting from sterilisation failures or faulty equipment, which in many cases reveal a deficiency in the centre's protocol and not an unavoidable risk of the intervention.
Lack of attention in A&E
An unjustified delay, a premature discharge, or a patient sent home without necessary tests. When the condition worsens afterwards, there is grounds to claim liability from the healthcare centre. A lawyer specialising in claims against clinics and hospitals can analyse whether the delay was acceptable or constituted a failure to provide due care.
Specialists in Medical Negligence
When medical negligence causes you harm, you are entitled to compensation. We help you claim against the healthcare professional or facility.
Compensation for Negligence in Childbirth
Negligence during childbirth can cause irreversible harm to both the mother and the newborn. We analyse your case, determine medical responsibility, and claim the compensation you are entitled to.
How can we help you?
If you're looking for a solicitor to sue a doctor, the first thing you need to know is if you have a case. We handle the entire process, from the initial analysis of your medical history to representation in court.
- Request and review your complete medical history
- Assess the real viability of your claim before taking any action.
- To coordinate the expert report with a medical expert
- Quantify injuries from negligence and present and future consequences
- Determine the appropriate route depending on whether it is public or private healthcare.
- Negotiate with the insurer to reach a favourable settlement
- File the lawsuit and represent you in court if no agreement is reached
- To keep you informed of every step of the procedure in clear language
Don't let medical malpractice go unanswered.
As medical malpractice lawyers in Madrid, we know that the sooner we review your medical history, the more time we'll have to gather evidence. Claiming with confidence depends on accessing documentation in good time and having a robust expert report. Tell us what happened and we'll clearly let you know if your case has a strong chance.
How we process your claim
A medical negligence claim is a long process, but it doesn't have to be confusing. These are the four phases your case will go through and what happens in each.
- We are studying your case: We have gathered all available documentation: medical history, reports, diagnostic tests, and the informed consent you signed. With that material, we assess whether there was a misdiagnosis, inadequate treatment, or any other incorrect medical action, and whether the link between that action and the harm you have suffered can be proven.
- We believe in malpractice: An independent medical expert, specialising in the field, prepares an objective report on what happened. This document is the central piece of any negligence claim; without it, legal action will not succeed.
- Submitting the claim: A medical negligence claim does not always follow the same route. We determine the correct one according to the case: a claim for patrimonial liability if the damage occurred in public healthcare, or a lawsuit for medical civil liability if it was in a private centre. Compensation for medical negligence is calculated to include current medical expenses, loss of income, and physical and psychological sequelae.
- We negotiate or we go to trial We are attempting to reach an agreement with the insurer that avoids a lengthy process. If the offer does not reflect the actual damage or there is no willingness to agree, we will file the lawsuit and represent you in court until the end of the proceedings.
Why trust your case to Calderón Corredera
Looking for the best medical negligence lawyers in Madrid involves knowing what a firm should offer you. Making a claim requires equal parts legal and medical knowledge.
Specialisation in health law
We don't just occasionally take on medical negligence cases. It's an area we work in regularly, which allows us to interpret a clinical history, detect where protocol failed, and anticipate the defence's arguments without wasting time learning the ropes.
Experience with insurers
On the other side, there is always an insurance company with its own lawyers and its own strategy. As medical malpractice lawyers in Madrid with experience dealing with them, we know how they negotiate, what offers they usually make, and when it is advisable to accept or proceed.
Straightforward and honest dealings
We know that behind every case there is a person who has lost health, time, or a family member. We inform you of every development, explain the procedure without jargon, and tell you frankly what we can expect from the case, even if the answer isn't what you want to hear.
Each month that passes plays against you
Tests become scattered, testimonies lose detail, and statutes of limitations advance. If you suspect malpractice and are looking for a lawyer in Madrid to report medical negligence, now is the time to review it.
Frequently asked questions about medical negligence lawyers in Madrid
How much does a solicitor charge for medical negligence?
Before hiring a medical negligence solicitor, it is advisable to be clear about the fee structure. At our firm, the structure is as follows: an initial retainer of €600 plus VAT, which covers the costs of initiating the case, and a fee of 15 % of the compensation awarded, payable only if the claim is successful. The €600 already paid is deducted from this percentage, provided that the 15 % exceeds that amount. The relevant taxes must be added to this. Apart from our fees, you should allow for the cost of the medical expert report, which currently ranges from €1,000 to €3,000 depending on the complexity of the case and the expert’s specialism.
How long do I have to make a claim?
The deadlines are shorter than most people imagine and vary depending on the route: claiming against public healthcare is not the same as claiming against a private centre. Furthermore, the deadline does not always start from the day of the operation, but rather when the definitive sequelae are determined, something that in practice has nuances. Therefore, it is advisable to seek advice as soon as possible: in many cases there is more room for manoeuvre than it appears, but knowing this requires reviewing the file.
How do I know if what happened to me was medical negligence?
A bad outcome doesn't necessarily imply negligence, as medicine doesn't guarantee results. We're talking about malpractice when a professional has not acted with the required diligence, has not followed established protocols, or has not informed you properly before an intervention, and damage to the patient resulted from that action. A medical negligence lawyer, with the support of an expert report, will be able to tell you, after reading your medical history, whether the delay falls within what is clinically reasonable or if there was a claimable omission.
Do I need the expert report to get started?
The first step is to gather your medical history and all other available documentation. With that material, we assess whether the case has merit, and subsequently, you would commission the expert report, which is the evidence that supports the claim before the judge. This way, we avoid you incurring the cost of an expert report if we don't see the case as viable from the outset.
Do I have to go to trial?
Not always. A medical negligence lawyer's work begins by exhausting the settlement route: some claims are resolved with the professional's or healthcare facility's insurance company, which shortens deadlines and reduces costs. However, we only recommend accepting a settlement when the amount offered reflects the actual damage suffered. If not, we file the lawsuit and represent you in court.
I suspect there has been medical negligence, what should I do?
The first step is to request your complete medical history, including diagnostic tests and any consent forms you signed. With that documentation, we can assess whether there are grounds for a claim. It's advisable to do this as soon as possible, as the statute of limitations is running.
Can a claim for cerebral palsy be made due to negligence during childbirth?
Yes, provided that the expert report confirms that the neurological injury resulted from incorrect assistance and not from a congenital cause or one unrelated to the medical treatment. These are complex claims because they require a minute-by-minute reconstruction of the birth record, but they also result in the highest compensation amounts: the indemnity must cover the care the child will need throughout their life.
The economic damages in a medical negligence claim include compensation for: * **Loss of earnings:** This covers current and future income lost due to the injury or illness caused by the medical negligence. * **Medical expenses:** This includes the cost of past, present, and future medical treatment, rehabilitation, medication, and assistive devices. * **Care costs:** This covers the cost of any domestic help or personal care that is required as a result of the negligence. * **Travel expenses:** This includes the cost of travel to and from medical appointments and treatment. * **Other financial losses:** This can include any other demonstrable financial losses incurred due to the negligence, such as the cost of adapting a home or vehicle.
The amount is not limited to medical expenses. Accredited physical and psychological damages, future treatments and care you will need, lost income, and moral damages, meaning the personal and family harm that the error has caused beyond the injury itself, are all assessed. Each of these elements is quantified separately and must be supported by evidence, which is why the expert report is also crucial for determining the sum.