The liability of private clinics in medical negligence
Introduction
The liability of private clinics in medical negligence cases is a critical and current issue, especially in the Spanish healthcare context. The constant pursuit of higher standards in medical care and the protection of patients' rights have placed this topic at the center of legal and social debate. We thoroughly analyze the regulations, the latest jurisprudence, and the keys to understanding and claiming in situations of malpractice in the private healthcare sector.
What is medical negligence?
Medical negligence is defined as any act or omission by healthcare professionals that deviates from the standards recognized by medical science, causing physical or moral harm to the patient. It should not be confused with a mere complication inherent to medical practice: to establish negligence, it is essential to demonstrate a lack of diligence or care by the healthcare staff.
Legal framework of the liability of private clinics
Contractual civil liability
In the private healthcare sector, the relationship between the patient and the clinic is usually contractual. The patient trusts the clinic to provide medical service according to legal and scientific standards. If this commitment is breached and damage occurs, the clinic may be civilly liable to the patient. The contract can be written or verbal, but obligations persist in both cases.
Objective liability: “culpa in vigilando” and “culpa in eligendo”
The private clinic assumes a dual obligation:
- Culpa in vigilando: Duty to supervise the actions of its healthcare staff.
- Culpa in eligendo: Obligation to choose duly qualified and legal workers.
This liability implies that, unless an action absolutely beyond its control or outside the labor/functional relationship is proven, the clinic will be responsible for damages caused by any failure of its staff, even if the hiring was indirect or external.
Current events and jurisprudential trends in 2024
Recent rulings and compensation amounts
In recent months, courts have issued some of the highest compensation rulings for medical negligence in private clinics in Spain ever seen. This reflects not only greater judicial sensitivity to patient harm but also a more expansive interpretation of the right to receive safe and quality medical care.
Technological advances and evidence
The development of digital medical records and improvements in action protocols have facilitated expert evidence in judicial processes. Patient access to their data and the traceability of medical actions are key tools for proving negligence.
Regulatory changes
While the essence of civil liability remains, recent regulatory changes, both at the regional and state level, have reinforced clinics' obligation to have civil liability insurance with broad coverage and internal systems to control health risk.
Common scenarios of private clinic liability
- Surgical errors, diagnostic errors, or treatment administration errors.
- Defective information or lack of informed consent.
- Failures in the provision, maintenance, or use of medical equipment.
- Lack of training or updating of staff.
- Non-compliance with safety and hygiene regulations.
Claim process: essential steps
1. Collection of medical records: The affected person must request a complete copy of the medical history and all issued reports.
2. Expert report: An independent specialist will evaluate if there was an error and the damage suffered.
3. Prior claim to the clinic or insurer: A recommended step before going to court.
4. Legal claim: If no agreement is reached, the judicial process begins. The general statute of limitations in the private sector is five years.
5. Execution of judgment: If there is a conviction, the insurer will respond up to the maximum coverage contracted.
Importance of specialized legal advice
Recent case law and jurisprudence demonstrate that the best results in medical negligence claims are obtained with lawyers specializing in health law. Proper preparation and foundation of the case are key to determining the type and extent of clinic liability, maximizing compensation, and speeding up the process.
Conclusions
Private clinics in Spain are subject to rigorous regulations that protect the patient and offer all guarantees to claim for damages suffered due to malpractice. The current trend is the consolidation of higher compensations and greater patient protection through technology and the demand for increasingly higher standards in medical care.
Have you suffered medical negligence in a private clinic?
Contact an expert lawyer in medical negligence and claim your rights. The law is on your side.
Review: This version of the article integrates current regulations, trends in Spanish jurisprudence in 2024, and the technological reality of the sector. No structural changes have been found in the civil liability of private clinics or in the statute of limitations, reinforcing the authority and relevance of this content.