Medical Negligence Lawyer in Málaga
When a healthcare professional makes an error that causes you physical or psychological harm, you have the right to full compensation.
This is not simply dissatisfaction with a medical outcome: we are talking about a breach of lex artis that has altered your life or that of your family. At Orozco y Asociados we have spent years defending victims of medical negligence in Málaga, both against public healthcare and private clinics, with a methodology that combines independent medical-forensic expertise and top-level legal strategy.
The deadlines for claiming medical negligence are limited. Every day counts.
Law 41/2002 on Patient Autonomy protects you, but limitation periods can extinguish your right to claim. Act now. Direct attention: 952 87 42 37 Request Viability Study.
How we prove your medical negligence: our legal methodology
A medical negligence case is not won with opinions, but with irrefutable technical evidence. Our team works in close collaboration with independent forensic medical experts to build a solid case file that demonstrates three essential elements: the existence of malpractice, the causal link between the medical action and the harm, and the economic quantification of the damages suffered.
The key to our success lies in expert evidence. We do not limit ourselves to evaluating your medical records: we subject them to an exhaustive forensic analysis that determines whether the healthcare professional acted in accordance with lex artis ad hoc — the standard of care required of a physician under similar circumstances.
Types of medical negligence we defend
Diagnostic errors: delayed, incorrect or omitted diagnoses that worsen the patient’s condition Surgical errors: inappropriate interventions, forgotten surgical materials, injuries during surgery Obstetric and childbirth negligence: neonatal cerebral palsy, brachial plexus injuries, undetected fetal distress Nosocomial infections: infections acquired in the hospital environment due to lack of aseptic protocols Adverse drug reactions: incorrect prescription, uncontrolled interactions or inadequate doses Lack of informed consent: interventions performed without adequately informing the patient of risks, violating Law 41/2002 Care delays: unjustified delays in emergency services or waiting lists that cause worsening of the clinical condition
The legal process to claim medical negligence, step by step
Each case of healthcare malpractice has its particularities, but our action protocol ensures that no detail is left uncovered. This is how we work from the initial assessment to obtaining your compensation:
Phase 1 — Viability analysis and document collection
We study your case in depth. We request your complete medical records from the healthcare center (right guaranteed by Law 41/2002) and cross-reference them with applicable medical literature. In this phase we determine whether there is a founded indication of negligence before taking a single step further.
Phase 2 — Independent forensic medical expert assessment
We commission an expert report from an independent specialist — not linked to the center where the harm occurred. This expert evaluates whether the healthcare action complied with lex artis and quantifies the consequences using the applicable damages assessment scale.
Phase 3 — Administrative or judicial claim
If the negligence occurred in public healthcare (Andalusian Health Service, SAS), we file a claim for patrimonial liability before the Administration. If it was in private healthcare, we initiate civil proceedings directly against the professional and/or the center’s insurer.
Phase 4 — Negotiation, trial and obtaining compensation
We negotiate firmly. If the opposing party does not offer fair compensation, we take the case to trial before the Administrative Courts or First Instance Courts of Málaga, as appropriate. Our objective: the maximum compensation you are entitled to by law.
We control every variable of your case
From obtaining the medical records to the final expert testimony in court, our legal team personally supervises each phase of the procedure. We do not delegate to interns or call centers. You speak directly with the attorney handling your case.
Do you need immediate legal advice?
Our law firm based in Ronda handles your consultation efficiently and confidentially. Legal coverage throughout the province of Málaga, Sevilla, Algeciras, Ceuta and the rest of Andalucía.
Three legal avenues to claim for medical malpractice
Depending on the circumstances of your case — who committed the negligence, the severity of the damage and the setting (public or private) — we activate the most effective procedural avenue:
Administrative litigation route
When the damage occurs in a public hospital or Andalusian Health Service (SAS) center, the Administration is responsible. We file the claim for patrimonial liability with a one-year deadline from the stabilization of the sequelae. If the Administration dismisses or remains silent, we go to the Administrative Court.
Civil route
For negligence in private clinics, private consultations or medical insurers. We sue the healthcare professional, the center and their civil liability insurance company. The statute of limitations is five years (art. 1964 of the Civil Code) from when the patient became aware of the extent of the damage.
Criminal route
Reserved for the most serious cases: when medical conduct constitutes gross negligence classified in the Criminal Code (arts. 142 and 152). A criminal complaint or report is filed before the Investigating Court. This route allows obtaining compensation within the criminal process itself as a private prosecutor.
How much can I claim?
Compensation depends on the severity of the sequelae, days of hospitalization, necessary interventions, loss of earnings (income no longer received) and moral damages. We apply the traffic accident scale (Law 35/2015) as a reference guide, adapted to each specific medical case.
Medical negligence attorneys in Málaga, Marbella and throughout the Costa del Sol
Orozco y Asociados operates from Ronda with coverage throughout the province of Málaga: Marbella, Vélez-Málaga, Torremolinos, Fuengirola, Estepona, Ronda and any municipality on the Costa del Sol. We act before all courts in the province and before the Superior Court of Justice of Andalusia (TSJA) when it is necessary to appeal.
Medical negligence frequently intersects with other areas of law in which we specialize. If your case involves a traffic accident with deficient medical care, our traffic accident department acts in a coordinated manner. If there is a situation of criminal liability, our criminal defense attorneys intervene from the first moment.
And if you need to claim against an insurer that refuses to cover the claim, our civil law team handles the extrajudicial and judicial claim.
Let's discuss your case
Initial assessment without commitment. We identify the procedural route and critical deadlines.