Medical Negligence
Around 10,000 judicial proceedings (administrative, civil, penal and labour jurisdictions) covering the defence of virtually all the insured Autonomous Communities, as well as multiple private health centres and groups, occupational illness and work-related accident mutual insurance companies (MATEPSS), the insurance company, in cases of damages and losses (material damage, pain and suffering, property damage and injuries) arising from the activity carried out by the insured in all its fields (financial/civil, exploitation-related and employer-related). Assistance to professionals and hospitals with respect to professional liability claims.
Services
ContactsOverview
- INSALUD (former central government public health system) and Autonomous Regions Public Health Systems (e.g. Cantabria, Andaluca, Aragn, Galicia, Madrid)
- Almost 30.000 judicial and extrajudicial claims handled during the last 20 years:
- Unrivalled Cross-Jurisdictional experience: more than 6,000 administrative cases, 1,500 civil cases, 2,000 criminal, 200 EPL/EL.
- 20 lawyers highly specialized in medmal issues.
- Over 15 of them with at least 10 years of experience litigating in Spanish courts.
- EBOLA Infection Case in Spain nursing assistant infected by the virus as she was part of the medical team at the Carlos II Hospital in Madrid assisting one of Spanish victims of this virus. We handled all the aspects of this claim including several competition issues between the Ministry of Health and the Madrid regional government This claim was widely reported in the national and international media and warned as the first case of a potential Ebola outbreak in Europe.
- ALA OCTA: proceedings brought in Spain due to the toxicity of Perfluorocarbon lots, a substance used in retinal surgeries, further to the alert issued by the AEMPS (Spanish Medicine Agency). In this case we defended the interests of the insurers and policyholders since they acted correctly and there was no negligence attributable to the public health system. We also initiated subrogation and recovery actions against ALA OCTA as the responsible of the damages.
- PIP Implants: proceedings brought in Spain subsequent to the alert issued by the French Medicine Agency reporting on numerous incidents related with PIP implants.
- Hepatitis C: we defended insurers in one of the largest med mal scandals in Spain brought against Dr Juan Maeso, an anaesthetist who allegedly infected hundreds of people with Hepatitis C. This malpractice case involved key points of insurance law and professional negligence limits.
- Yak 42 Air Disaster: air crash in Turkey resulting in 62 deceased Spanish militaries. Proceedings were brought against the medical teams of the Ministry of Defense due to an alleged falsification of documents when identifying the deceased militaries.
- Representation of the main insurance companies in the sector in the financial liability file, or of the insured in the case of a private entity or entity providing services in collaboration with the Public Administration when its liability will be assessed by the latter; legal advice in periodical joint committees between the insured public administration and the insurance company for account monitoring and technical and legal advice.
- Around 10,000 judicial proceedings (administrative, civil, penal and labour jurisdictions) covering the defence of virtually all the insured Autonomous Communities, as well as multiple private health centres and groups, occupational illness and work-related accident mutual insurance companies (MATEPSS), the insurance company, in cases of damages and losses (material damage, pain and suffering, property damage and injuries) arising from the activity carried out by the insured in all its fields (financial/civil, exploitation-related and employer-related). Assistance to professionals and hospitals with respect to professional liability claims.
Our expertise in Spain
Medical Negligence key contacts
Eduardo Asensi
Partner
Madrid
Íñigo Cid-Luna
Partner
Madrid
Julio Albi
Partner
Madrid
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