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What should we do in the event of medical negligence?

What should we do in the event of medical negligence?

Echoing the news about medical negligence published in the newspaper “El Mundo”, of a two-year-old child who suffered cardiac arrest during an intervention, the neuronal damage being so serious that he can open his eyes, but cannot see, he has the stiff body and can't move it. Neither talk nor eat. All this as a result of a piece of almond that she had embedded in her lung.

The dried fruit reached the organ, and what first seemed like a cold, and then the beginning of pneumonia, has ruined the life of an entire family. The doctors put a tube through his mouth and found a piece of almond in one of the lungs that was full of pus. Three months had passed since the boy's parents first took him to the doctor with a very high fever. Until that moment they did not know where the infection he had came from.

Apparently, the doctors did not do the correct tests to know to what extent it was convenient to extract the piece of almond in this way. This being possible medical negligence that has ruined this child's life.

How do we identify medical negligence?

Make sure the injury is due to medical malpractice, and not human error, in which case there will be no compensation. Establishing this difference is difficult, but also fundamental, for this we have expert experts in these topics who evaluate what tests should have been done before intervening. In most cases, medical malpractice can be avoided with additional testing or second opinions, and failure to do so causes serious harm and even death to patients.

How do we expose negligence?

You should put yourself in the hands of a lawyer. A medical negligence case is a very serious issue that must be addressed from the beginning by professionals to ensure the success of the claim. All medical documentation is necessary; for this, a complete medical history must be requested from the hospital or clinic where you were treated.

After making a prior claim to the medical center, a claim must be filed before the Contentious Administrative Courts, since when a claim is made to the State Administration, the judicial procedure advances in this way.

If it has been committed in a private hospital, the responsibility falls on the doctor who committed the negligence, who runs the risk of being disqualified. The judicial procedure is carried out in this case through criminal or civil means.

What will be fundamental for this process?

The figure of the medical expert is essential to prove that you have been a victim of medical negligence. He will be in charge of thoroughly analyzing your case. It will study the medical treatment you have followed and clarify whether the error committed by the doctors is due to malpractice or human error. At the end of this process you will prepare a report in which you will state your opinion. The court that judges your case will highly value this document when pronouncing its sentence.

If you believe that you may have been a victim of medical negligence, do not hesitate to contact us, we will do a preliminary study of your case to assess it and find out if you are facing a possible case of medical negligence. Contact us at 868 97 56 50 or through our website www.acclegal.es

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