Health Negligence claim against Spanish Health Authority

Health Negligence claim against Spanish Health Authority: discover what only the top, expert litigation lawyers in Spain know about health negligence claim against spanish health authority

health negligence claim - Medical Negligence claim

A patient who suffered continuing problems with a broken leg that was treated by a hospital managed by the Andalucian Health Authority (Servicio Andaluz de Salud) has won his health negligence claim for €100,000 in damages as a result of negligence in treating his injury.

His claim was originally not recognised given that the claim lapsed and was not responded to within the prescribed period of time by the Andalucian Health Board.

However, the matter was taken to the local courts where the claim was accepted and the damages awarded.

The claimant, who was a bricklayer by trade, had originally broken his leg in 2005.

He was taken to the local hospital where he was treated, however, several months later, the bone had still failed to heal.

Despite this, the treatment was not modified. In September the following year, an orthopaedic specialist had no alternative but to recommend that the claimant’s left leg be amputated as a result of the continued deterioration in it’s condition.

Health Negligence claim result: Inappropriate Treatment

The Health Authority defended the treatment provided by stating that the leg was immobilised as is the standard and appropriate treatment and which avoided the necessity of surgery and the risks that this would engender.

In the course of the court’s judgment, the judge referred to a private report commissioned by the claimant in which a doctor specialised in the field stated that both the technique and positioning of the plaster-cast were inadequate as they did not achieve the fundamental objective of such treatment which was the  fusing of the broken bone.

In the court’s view the duration of the treatment had been excessive  (502 days) and had resulted finally in the inability to work in his chosen career.

While accepting that medical treatment does not always result in a favourable outcome, but in this case it was not just an unfavourable outcome that had been demonstrated, but also inappropriate treatment.

41 Lawyers Offering Personal Injury & Medical Malpractice Services in Spain

Testimonials for our Personal Injury & Medical Malpractice service
  • Cindy Schwerdfager
    Cindy Schwerdfager, Mijas Malaga

    Alvaro responded very quickly and professionally. I reached out to two companies to inquire about services and Alvaro had our paperwork finished and submitted before the other person returned my email.

    I have done this myself in the past and I appreciated how easy and stress free it was this time using Alvaro to take care of matters.

    Thank you!

    Cindy Schwerdfager

    May 11, 2020
  • Max Henchy
    Max Henchy, Puerto Banus- Estepona

    He was very professional and extremely helpful! Also incredibly quick and efficient.

    Thanks to him my life has changed drastically for the better! He went out of his way to help me and my family.

    May 24, 2019
  • Angela Panuccio
    Angela Panuccio, Granada

    Alvaro was extremely helpful. I would recommend his services to others.

    May 23, 2019
  • Sham Naib
    Sham Naib, Callao Salvaje, Tenerife

    My lawyer Oliver was very helpful, always happy to assist. He professionally checked the law before dispensing advice.

    May 18, 2018
  • Patrick Martel
    Patrick Martel, Canada

    For being in another country and all our back and forth communicating over emails .. I thought Rosa did a brilliant job.

    Thankfully she was able to help where no one else was willing ..

    Mar 07, 2018
  • Jill Clash
    Jill Clash, Lanzarote

    Found Erardo very helpful and understanding, felt very comfortable talking to him.

    Would definitely use his services again. Unfortunately after all the initial paperwork, payments, doctor and court visits the case was unable to go ahead as no-one was able to trace the owner of the premises where the incident occurred.

    Sep 13, 2016