Errors in Chronic Disease Treatment: Legal Options
Introduction
Treating chronic diseases poses a continuous challenge for the healthcare system. Sustained management, coordination among professionals, and proper communication with the patient are crucial elements to avoid medical errors that can have severe consequences. Today, thanks to the evolution of jurisprudence and legal innovations, those affected by these errors have increasing resources to assert their rights and claim just compensation for medical negligence.
What are the most common errors in treating chronic diseases?
Errors often stem from care not in accordance with the 'lex artis ad hoc', meaning they deviate from the recognized best medical practice in each case:
- Diagnostic errors: Lack of detection or delayed diagnosis that postpones the implementation of the correct treatment.
- Therapeutic errors: Imposition of inappropriate treatments, incorrect drug dosages, omission of preventive measures, or failure to adapt treatment to the patient's progress.
- Lack of follow-up and monitoring: Not scheduling controls, tests, or regular visits to evaluate the course of the disease.
- Poor coordination among specialists: Insufficient communication between doctors from different specialties can lead to the patient receiving contradictory or ineffective instructions.
- Lack of patient information: The patient is not adequately informed about their diagnosis, treatment options, and risks, thus interfering with their right to make health decisions.
Consequences of Errors in Chronic Diseases
A failure in any of the above points can imply:
- Unnecessary progression of the disease.
- Emergence of severe and permanent complications.
- Avoidable hospitalizations and higher healthcare costs.
- Economic and psychological damages, loss of quality of life, and even death.
Legal Options for Medical Errors in Chronic Disease Treatment
Medical liability regarding these errors has evolved. According to Spanish civil jurisprudence, it is required to prove a direct causal relationship between malpractice and harm, consolidating the criteria of fault or negligence (subjective liability).
1. Administrative Claim in Public Health
In public health systems, it is possible to exercise a liability action against the competent Administration. This type of claim must be filed within one year from the stabilization or healing of the damage and requires:
- Gathering all medical documentation.
- Medical expert report proving malpractice.
- Justification of the causal link between the error and the consequences for the patient.
2. Civil Lawsuit in Private Centers
Against private hospitals and professionals, the lawsuit must be filed through the civil route, usually having a five-year term. An expert report is also necessary to technically and objectively assess the damage and its origin.
3. Criminal Route
In exceptional cases, when medical action has involved a serious offense (reckless negligence or serious injuries/death), the criminal route can be pursued. The criminal process requires a higher standard of proof but can result in convictions and, in parallel, civil compensation.
4. Jurisprudence and Practical Aspects
Recent Supreme Court rulings highlight the importance of demonstrating protocol non-compliance and the omission of necessary controls in managing chronic diseases, ruling in favor of patients who suffered harm from prolonged treatment errors, lack of monitoring, or negligent coordination among medical services.
Recommended Steps if You Are a Victim of a Chronic Error
1. Request your medical records as soon as possible.
2. Seek advice from a lawyer specializing in medical negligence.
3. Require an expert report from an independent doctor.
4. File the claim in the appropriate route and time frame based on your case (administrative, civil, or criminal).
Compensations
The calculation of compensations is usually based on specific scales (periodically modified) that assess disability, personal damages, suffering, and economic losses resulting from these errors. A good legal and expert specialist is crucial to maximize compensation.
Conclusion
Errors in the treatment of chronic diseases, resulting from medical negligence, can cause significant harm. The appropriate legal route, expert legal guidance, and the contribution of solid medical evidence are essential for affected individuals to have their right to compensation for the damages suffered recognized.
Have you suffered an error in the management of your chronic disease? Contact expert medical negligence lawyers today and act before your right expires.