Am I entitled to compensation for medical negligence in a private hospital?
In order to be entitled to compensation, it is necessary that we are dealing with medical negligence. Likewise, three requirements must be verified:
1. Negligent action or omission, not respecting the required protocols. The lex artis applicable to a case will be the one that is considered to be the most appropriate action to the usual practice in similar cases. To determine it, various instruments are taken into account, such as clinical guidelines; the protocols of hospitals and scientific societies; and above all, the expert opinions prepared by specialist experts in the branch of medicine in question.
2. Injury. It refers to the damage caused to the patient that can be physical, psychological or moral.
3. Causal relationship. That is, the damage suffered by the patient must have been caused by the negligent act or omission.
From the very beginning, it is advisable, and in our opinion essential, to hire a lawyer who is going to request the patient's medical history. According to the Patient Autonomy Law, the medical center is obliged to provide the patients with a full copy of their medical history. It reflects all the annotations about the treatment, such as tests performed and informed consent.
You can consult with us the next legal steps to be taken, in order to do so please send an email to: firstname.lastname@example.org