When you suspect that you have been a victim of possible medical negligence due to which you have suffered damage or consequences, the best thing you can do is to find out about the courses of action available to you as soon as possible. In our office, you will find personalized treatment and assistance for your case, where through our multidisciplinary team will inform you of your rights and the actions that, once you have assessed the situation as a whole, you can take, since you could find yourself suffering a series of damages or consequences that you would not have to suffer if there had not been an error on the part of the person who assisted you.
You should know that the doctor assumes an obligation of means, committing not only to complete the techniques provided for the pathology in question, in accordance with medical science appropriate to good practice, but also to apply these techniques with the care and precision required in accordance with the circumstances and risks inherent to each intervention. This is what is known as the lex artis, applicable to a certain case to diligently obtain the cure of the patient, and to which the result obtained is unrelated since it does not ensure or guarantee the final interest pursued by the patient.
However, in the field of aesthetic surgery, the important thing is the result obtained, since it is the only medical specialty in which the doctor is obliged to obtain the desired result, and not only to use all possible means to achieve it.
Therefore, It is important that you present your case to us as soon as possible., since if there is sufficient evidence that said damages are due to medical error or negligence, we will proceed to initiate the claim before the Health Administration, if the negligence was committed in a Public Hospital, or, where appropriate, before the private Hospital and doctor in question, since you must take into account that depending on whether we are dealing with one or the other, the limitation period for initiating the claim will be different, and this is how we distinguish:
- In the administrative procedure, the term is one year. If medical negligence has led to the death of the patient, it will be counted from the date of death. If the negligence has resulted in a sequelae, the calculation of the year begins from the stabilization of the sequelae.
- In civil procedure, there are two types of liability, one contractual, which has a statute of limitations of 15 years, and another of a non-contractual nature, which has a statute of limitations of 1 year. In both cases, the period is computed from the date of death or stabilization of the sequelae, depending on the case.
- In criminal proceedings, the statute of limitations will vary depending on the type of criminal offense that is attributed to the doctor or healthcare personnel.
Therefore, you must keep in mind that the deadlines in these types of procedures are very important. We advise you to consult as soon as possible with our specialized professionals in order to understand your case and help and guide you in taking the appropriate actions to defend your rights with the consequent compensation that allows at least and to the extent possible to compensate for the damages. caused by a possible medical error.
