How to evaluate if you have a strong medical malpractice case
What is medical malpractice?
Medical malpractice is defined as the failure, through action or omission, to meet medical obligations resulting in harm to the patient. To successfully claim legally, it is essential to demonstrate that the healthcare professional deviated from the lex artis, meaning what would be expected of a reasonable professional under the same circumstances.
Key elements to prove medical malpractice
1. Existence of real and concrete harm
The harm can be physical, psychological, or moral and must be clearly documented by medical reports and, if applicable, photographs or psychological certificates. Without this element, there is no basis for the claim.
2. Violation of the lex artis
The lex artis is the professional rule that defines how a doctor should act in a specific situation. It will be analyzed if the healthcare professional followed usual protocols and recognized clinical guidelines in their specialty. It is important to highlight that a result is not required, but rather diligent action according to the professional standard.
Reference: "The lex artis refers to the way a healthcare professional reacts to the complications encountered in each intervention" (source: current legal consultations in Spain).
3. Direct causal relationship
It must be demonstrated that the professional's action (or inaction) was the proximate and real cause of the harm. This is usually proven through medical records, expert medical reports, and occasionally, testimonies from those who witnessed the medical act or its consequences.
Proof technique: The expert medical report is key. Documents such as emergency reports, hospitalization, discharges, diagnostic tests, and second opinions are fundamental to establish this link.
4. Informed consent
The absence of informed consent—when the inherent risks of a procedure are not properly communicated—can constitute an additional violation, although it does not always lead to compensable damage if the damage was unforeseeable or unlikely.
Essential documents to prove a medical malpractice case
- Complete medical record.
- Medical reports before, during, and after the claimed event.
- Results of diagnostic tests.
- Employment contract if occupational damages are alleged, and pay slips to demonstrate economic harm.
- Photographs of injuries or sequelae.
- Discharge and medical leave reports.
- Correspondence with the hospital or healthcare professionals.
- Independent expert reports.
The importance of deadlines
Spain:
- General deadline: 1 year from the stabilization of the harm to claim civilly.
- Public administration (Public health): After exhausting the administrative route, there are usually 6 months to file the claim.
- Private contracts: Up to 5 years in some contractual cases.
Latin America: Strong differences by country.
- For example, in Mexico and Argentina, deadlines can be between 2 and 5 years depending on whether the action is public or private and the legal qualification of the damage.
How to prove the causal relationship?
The causal link is the direct connection between malpractice and concrete harm. In practice, it relies on medical evidence, expert reports, and sometimes, complementary evidence (testimonies, images, correspondence, etc.).
Conclusion: checklist for making informed decisions
1. Validate the existence of real and assessable harm.
2. Evaluate, through experts, whether there was a violation of the lex artis.
3. Ensure you have all relevant medical and administrative documentation.
4. Consult with lawyers and expert doctors as soon as possible to avoid exceeding prescription deadlines.
5. Strengthen the causal relationship with specialized reports.
Frequently Asked Questions
Is it enough that a treatment didn't go well to sue?
No, you can only claim if it is proven that the professional did not act according to the lex artis and there is a direct relationship with identifiable harm.
What if I don't have all the documents?
A specialized lawyer can request the medical record and other records from the corresponding healthcare center.
What if the harm is multifactorial?
Medical malpractice requires that the care defect is the main cause of the harm. If other factors outside the professional intervene, the claim may not succeed.