Negligence in Postoperative Follow-Up: Patient Rights
Introduction
Postoperative follow-up is an essential phase of the surgical process, as it influences the recovery and final outcome of any intervention. However, negligence during this stage is not uncommon, severely affecting patients' health. In this article, we will analyze in detail what constitutes negligence in postoperative follow-up, what patients' rights in Spain are in 2024, how to proceed with a possible claim, and what the legislation says about it.
What is Negligence in Postoperative Follow-Up?
Medical negligence in postoperative follow-up occurs when, after a surgical intervention, the medical team fails to meet the minimum protocols or standards for observation, control, and attention to possible incidents that may arise after the operation. Common examples of postoperative negligence include:
- Skipping routine check-ups or controls.
- Failing to adequately monitor vital signs or obvious complications.
- Ignoring alarm symptoms reported by the patient.
- Not instructing the patient on care, possible risks, or how to identify complications.
- Unjustified delays in attending to a complication.
The effects can range from a delay in diagnosing or treating a complication to irreversible damage or the patient's death.
Patient Rights in Postoperative Follow-Up
In Spain, patient rights are protected by various norms and laws, ensuring access to safe and quality healthcare. The main rights in the context of postoperative follow-up include:
Right to Health Protection
According to Article 43 of the Spanish Constitution, everyone has the right to health protection. Additionally, different regional statutes reinforce this precept.
Right to Information and Informed Consent
Law 41/2002, regulating patient autonomy, imposes the obligation to provide clear, understandable, and adequate information about the health status, postoperative evolution, risks, and alternatives. The patient must receive sufficient information to understand the risks and postoperative complications and participate in their own clinical decisions.
Right to Adequate Postoperative Care
It is part of the lex artis and good medical practice to ensure that the patient receives continuous care after surgery, including medical controls, examinations, and early response to any complication.
Right to Clinical Documentation
The patient has the right to access their medical record, which should include all actions taken, reviews, discharges, incidents, and results of postoperative tests.
Right to Claim and Obtain Compensation
When negligence in postoperative follow-up results in harm, the law recognizes the right to claim compensation for damages. In Spain, if the healthcare is public, the claim is made through the contentious-administrative route, and the general prescription period is one year from the stabilization of the damage.
Legislation Applicable in 2024
The regulation of patient rights and claims for medical negligence is based, among others, on the following texts:
- Spanish Constitution (Art. 43).
- Law 41/2002, Patient Autonomy.
- Law 14/1986, General Health Law.
- Specific regional legislations.
- Recent jurisprudence, which in 2024 pays special attention to the existence of digital records in the medical history as a key element of evidence.
How to Prove Negligence in Postoperative Follow-Up?
The burden of proof lies with the patient or their relatives. It is essential to gather:
- The complete medical record.
- Independent medical expert reports.
- Complementary tests (analyses, imaging tests, evidence of omission of controls, etc.).
- Testimonies from other healthcare professionals, if possible.
The absence of review records, omissions in the digital medical history, and lack of annotations about follow-up can be key evidence of negligence.
Procedure for Claiming Postoperative Medical Negligence
1. Gather documentation: Request the medical record and any relevant medical report.
2. Contact a specialized lawyer: Legal advice is essential to analyze the feasibility of the case.
3. Expert report: The assessment of an independent medical expert is determinant.
4. Extrajudicial claim: Attempt an amicable solution or with the hospital's insurer.
5. Contentious-administrative or civil lawsuit: If the healthcare is public, the procedure is carried out before the contentious-administrative courts; if private, through the civil route.
6. Deadlines: The general deadline is 1 year from the stabilization of the damage or from the death.
Trends and Changes in 2024
The current framework in 2024 focuses on the digitalization of clinical documentation, which facilitates the traceability and recording of all postoperative medical acts. Additionally, courts insist on the obligation to document all actions and reviews, admitting the lack of record as a presumption that they were not performed. This strengthens the patient's position in claim processes.
Conclusion
Negligence in postoperative follow-up represents a serious violation of patient rights and can have irreparable consequences. Knowing your rights, being well-informed, and having the best legal and medical advice are guarantees to defend yourself and claim. Proper documentation and the support of specialists are the pillars to obtain fair compensation and, above all, to contribute to safer and more responsible healthcare.
Have you suffered medical negligence after an operation? Contact our team of expert lawyers, we analyze your case for free and help you exercise your rights with total guarantee.
Review completed: the content is updated according to Spanish legislation of 2024 and aligned with the fundamental rights of the patient, as well as with new trends in claims for postoperative medical negligence.