Medical malpractice lawyer

When a medical procedure results in an unexpected harm, the worst thing you can do is get stuck between two equally unhelpful ideas: assuming “these things just happen” without further analysis, or rushing into a claim without knowing whether there is a real legal basis.

In medical negligence cases, the key is not emotion. It is breaking the case down into facts, medical history, information provided to the patient, treatment performed, and final harm. Law 41/2002 specifically regulates patients’ rights regarding information and clinical records, both in public and private healthcare. Among other things, it recognises the right to access available information about any healthcare procedure and requires that the medical record include all information considered essential for an accurate and up-to-date understanding of the patient’s health condition. (Boletín Oficial del Estado)

At ASO Corporate, we review your case with a clear approach: if there is a legal basis, we will tell you how to proceed and what evidence is needed; if there isn’t, we will also tell you that clearly.

If you suspect that a medical procedure may have caused you harm, don’t leave it as a mere intuition.

Not every negative outcome amounts to medical negligence. But not every case of malpractice is obvious at first glance.
What matters is to properly assess the following questions:

• what procedure was performed or omitted;
• what information you were given;
• what alternatives were available;
• what harm occurred;
• and whether that harm can be reasonably linked to the healthcare action.

Law 41/2002 requires that patient information must include, at a minimum, the purpose and nature of each intervention, its risks and consequences, and it regulates informed consent as a general requirement for any healthcare procedure.

I want to know if there are grounds for a claim.

Public healthcare and private healthcare: the legal route is different

This distinction is crucial.
If the harm arises in the public healthcare system, the main legal pathway is usually administrative liability of the public administration, since Law 40/2015 recognises the right to compensation for injuries to assets or rights resulting from the normal or abnormal functioning of public services. The official Ministry portal explains that a claim for administrative liability allows you to seek compensation for an actual, economically assessable and individually identifiable injury that you are not legally required to bear.
If the harm arises in private healthcare, the analysis generally falls under civil liability, based on the general principle of fault or negligence under Article 1902 of the Spanish Civil Code.
Practical takeaway: you do not pursue the same type of claim for medical negligence in a public hospital as you would in a private clinic, even if the harm is similar.

Information, informed consent, and medical records: key pieces of the case

Many medical negligence cases are won or lost at this stage.
Law 41/2002 regulates:

• the right to healthcare information;
• informed consent;
• and the medical record as a set of documents relating to healthcare processes, intended to ensure proper patient care.

This means that, in many cases, before even discussing whether there was malpractice, it is necessary to reconstruct:

• what was explained to the patient;
• what was signed;
• what is recorded in the medical file;
• what tests were performed;
• what follow-up was provided;
• and what injuries or complications resulted.

I want to review the medical records and informed consent.

What can be claimed in a medical negligence case

If the case has merit, the claim may include:

• physical harm and long-term sequelae;
• non-material (moral) damages;
• expenses incurred;
• loss of income;
• and other economic or personal consequences resulting from the harm.

In the public healthcare system, administrative liability requires that the damage be individually identifiable and causally linked to the functioning of the public service. In private healthcare, claims are typically based on civil liability for fault or negligence.
The key point is simple: it is not enough to say “things went wrong”. You need to properly establish the link between the medical action, the defect, and the resulting harm.

How we handle your claim

1. We assess the case honestly
First, we will tell you whether there is sufficient legal and expert basis to move forward.

2. We organise the medical documentation
Medical records, informed consent forms, reports, timelines, and sequelae.

3. We choose the appropriate legal route
Administrative liability in cases involving public healthcare; civil proceedings if the case falls under private healthcare.

4. We quantify the damage
Not only physical harm, but also moral, economic, and functional damages.

5. We pursue the claim strategically
Negotiation when appropriate; litigation when necessary.

What documentation we need

If you already have it, it is useful to gather:

• medical reports;
• medical records;
• signed informed consent forms;
• diagnostic tests;
• discharge reports or follow-up reports;
• expert reports, if available;
• proof of expenses;
• sick leave documentation or proof of loss of income;
• and any communication from the healthcare provider or insurance company.

If you don’t have everything, that’s not a problem. We will tell you what is missing and how to request it properly.

If you suspect that a medical procedure may have caused you harm, it is better to properly review the case than to be left with uncertainty.

In medical negligence cases, the key is not to react impulsively. What matters is determining whether there is a valid basis and, if so, approaching it with proper analysis, evidence, and strategy.

Request an initial assessment of your medical case.