If something went wrong during your treatment at a private hospital in Spain and you are left wondering whether you can claim compensation, the answer depends on whether what happened counts as medical negligence. That is not the same as simply having a bad outcome. Not every complication is negligence, but if certain things can be shown, you may have a valid claim.
Three things need to be true.
First, there has to have been a negligent action or failure to act, meaning the medical team did not follow the standard of care expected in a case like yours. To work out what that standard should have been, lawyers look at clinical guidelines, hospital and medical society protocols, and above all, opinions from independent medical experts in the relevant field.
Second, there has to be an actual injury. This can be physical, psychological, or moral harm to you as the patient.
Third, there has to be a clear link between the negligent act and the harm you suffered. In other words, the negligence has to be what actually caused the damage, not just something that happened around the same time.
What this means for you
If you think you may have a case, get a lawyer involved early. One of the first and most important steps is requesting your full medical history from the hospital. Under Spain's Patient Autonomy Law, the medical center is required to give you a complete copy of your records, including test results and the consent forms you signed. This paperwork is often the foundation of the whole case.
You can reach out to us for guidance on the next steps by emailing mm@mtcspain.com.
