Medical Negligence Lawyer in Almería
We claim compensation against public and private healthcare when a medical error has caused unjust harm. Specialist medical expert analysis included.
✓ Specialist medical experts · ✓ Public and private healthcare
Claims against public and private healthcare
Medical negligence is one of the most complex areas of law, and one of the most under-claimed. Many victims do not know they have a right to compensation, or feel they have no chance against the healthcare system.
At Atlántida Abogados we work with specialist medical experts who assess whether there was a deviation from the lex artis — the standard of care expected in the specialty — and produce the expert report needed to support the claim. The route can be an administrative claim against the public health authority, a civil claim against a private doctor or clinic, or criminal proceedings in the most serious cases.
Types of negligence we claim
Misdiagnosis
Incorrect or delayed diagnosis that led to a worsening of the condition or unnecessary treatment.
Surgical errors
Injuries caused during a procedure: damage to adjacent organs, foreign bodies left inside the patient, avoidable hospital infections.
Medication errors
Incorrect prescription, wrong dosage, or undisclosed drug interactions that caused harm.
Nosocomial infections
Infections contracted in hospital due to inadequate hygiene protocols or isolation measures.
Lack of informed consent
A procedure carried out without proper informed consent, or without disclosing significant risks to the patient.
Obstetric errors
Harm to the baby or mother during childbirth due to inadequate management of the process or delayed decision-making.
The role of the medical expert
The key to a successful medical negligence claim is proving that the healthcare professional acted below the required standard of care, and that this caused the harm suffered. This requires a medical expert report prepared by a specialist in the same discipline.
We have a network of specialist medical experts across all branches of medicine who review clinical histories, identify protocol deviations, and produce the reports needed to support the claim.
Frequently asked questions
How do I know if what happened was negligence? +
Not every adverse outcome is negligence. A medical error only gives rise to a legal claim when a healthcare professional has deviated from the standard of care expected in their specialty (lex artis), and that deviation caused measurable harm. The only way to assess this reliably is with a specialist medical expert reviewing the clinical history. We provide this analysis free of charge.
Can I claim against the Spanish public health system? +
Yes. Claims against the public health system (Sistema Nacional de Salud) in Spain are made through an administrative process known as reclamación de responsabilidad patrimonial de la Administración. The deadline is 1 year from when you became aware of the harm. If the claim is rejected or not resolved within 6 months, you can take the case to the administrative courts.
What about private clinics and hospitals? +
Claims against private healthcare providers follow civil law. The deadline is also 1 year. You can claim against the individual doctor, the clinic, and/or their insurer, depending on the circumstances.
How long does a medical negligence case take? +
Cases typically take between 1 and 3 years depending on the complexity and the route taken (administrative, civil, or criminal). Administrative claims against the public system take a minimum of 6 months before court proceedings can begin. We keep you informed at every step.
I am not Spanish — can I still make a claim? +
Absolutely. Anyone treated in a Spanish healthcare facility — public or private — has the right to claim compensation for negligent treatment, regardless of nationality or residence status. We have experience handling cases for English-speaking clients throughout the process.