In Spain, more and more people are turning to medical — and aesthetic — treatments to improve their well-being. But when something goes wrong, it's essential to know if you're facing medical negligence and what steps to take. This article serves as a complete guide to understanding the concept, identifying real cases, and knowing how to proceed if you've been affected.
What Is Medical Negligence?
Medical negligence occurs when a healthcare professional acts inappropriately or carelessly, causing harm to a patient that could have been avoided by following established protocols and medical standards.
Not every unsatisfactory result is negligence. What matters is whether there was a breach of professional duty.
Examples in Aesthetic Medicine
- Poorly performed hyaluronic acid injections causing asymmetry or tissue necrosis.
- Inadequate laser use on darker skin tones leading to burns or hyperpigmentation.
- Botulinum toxin applied by non-medical staff.
- Treatments carried out without informed consent or medical evaluation.
Consequences for Patients
Medical negligence can result in physical, emotional, and financial repercussions:
- Permanent injuries or disfigurement
- Loss of trust in the healthcare system
- Additional costs to correct mistakes
- Psychological consequences
How to File a Medical Negligence Claim in Spain
1. Gather Medical Documentation
Keep clinical reports, diagnostic tests, signed consent forms, emails, before-and-after photos, and any other evidence.
2. Get an Independent Medical Evaluation
An expert medical evaluator will assess whether malpractice occurred. This report is crucial for any legal claim.
3. Choose a Legal Route
- Civil: To claim compensation. Typical deadline: 1 year.
- Criminal: For serious negligence. Deadline: up to 5 years.
- Administrative: For public healthcare professionals. Deadline: 1 year from when the issue is known.
4. Contact a Specialized Lawyer
Medical negligence cases require legal experts with healthcare knowledge and experience with medical experts.
Is Your Case Legally Actionable?
It might be if:
- The treatment was done without a proper medical assessment or in an unauthorized facility.
- You weren't properly informed of the risks.
- Non-approved or expired materials were used.
- The damage was avoidable with proper care.
👉 Click here to fill out our confidential form and a medical or legal specialist will review your case.
Do I Need a Lawyer, a Medical Expert, or Both?
- Medical expert: Evaluates whether there was malpractice based on medical standards.
- Specialized lawyer: Assesses the legal viability of your claim.
At Cuidocs, we collaborate with professionals who can guide you from day one — no obligation.
Frequently Asked Questions
Can I file a claim without a lawyer?
You can initiate proceedings, but it's not recommended. These cases are complex and technical.
Is it negligence if I didn’t like the result?
Not necessarily. You must prove recklessness, protocol omission, or preventable harm.
How much does it cost to file a claim?
Costs vary, but there are affordable options. See more here: How much does it cost to file a negligence claim
How long do I have to file?
It depends on the legal route. Learn more here: Deadlines for filing a claim
What to Do Now
If you believe you've been a victim of medical negligence — especially in aesthetics — you’re not alone. At Cuidocs, we can help you:
- Analyze your case from a medical and legal perspective
- Connect with the right experts
- Start your claim backed by professionals
👉 Fill out this confidential form and we’ll contact you within 24 hours
