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 violation of the lex artis that has changed your life or your family's. At Orozco y Asociados we have spent years defending victims of medical malpractice in Málaga, both against public healthcare and private clinics, with a methodology that combines independent medical-forensic expert testimony and the highest-level legal strategy.
The deadlines for filing a medical malpractice claim are limited. Every day counts.
Law 41/2002 on Patient Autonomy protects you, but the statute of limitations may extinguish your right to claim. Act now.
Direct line: 952 87 42 37How we prove your medical malpractice: our legal methodology
A medical malpractice case is not won with opinions, but with irrefutable technical evidence. Our team works in close collaboration with independent medical-forensic experts to build a solid case file demonstrating three essential elements: the existence of malpractice, the causal link between the medical act and the harm, and the financial quantification of the damages suffered.
The key to our success lies in expert evidence. We do not merely review your medical records: we subject them to an exhaustive forensic analysis to determine whether the healthcare professional acted in accordance with the lex artis ad hoc — the standard of care required of a physician under similar circumstances.
Types of medical malpractice we handle
- Diagnostic errors: delayed, incorrect, or missed diagnoses that worsen the patient's condition
- Surgical errors: improper procedures, retained surgical instruments, injuries sustained during surgery
- Obstetric and birth-related negligence: neonatal cerebral palsy, brachial plexus injuries, undetected fetal distress
- Nosocomial infections: infections acquired in the hospital setting due to inadequate asepsis protocols
- Adverse drug reactions: incorrect prescriptions, uncontrolled drug interactions, or improper dosages
- Lack of informed consent: procedures carried out without adequately informing the patient of the risks, in violation of Law 41/2002
- Treatment delays: unjustified delays in emergency care or waiting lists that cause a worsening of the clinical condition
The legal process for filing a medical malpractice claim, step by step
Every medical malpractice case has its own particularities, but our action protocol ensures that no detail goes uncovered. Here is how we work from the initial assessment through to obtaining your compensation:
Phase 1 — Viability analysis and document gathering
We study your case in depth. We request your complete medical records from the healthcare facility (a right guaranteed by Law 41/2002) and cross-reference them with the applicable medical literature. In this phase we determine whether there is a well-founded indication of malpractice before taking a single further step.
Phase 2 — Independent medical-forensic expert report
We commission an expert report from an independent specialist — one with no connection to the facility where the harm occurred. This expert assesses whether the healthcare conduct conformed to the lex artis and quantifies the sequelae using the applicable damages schedule.
Phase 3 — Administrative or judicial claim
If the malpractice occurred within the public health system (Andalusian Health Service, SAS), we file a claim for patrimonial liability against the Administration. If it took place in the private health sector, we initiate civil proceedings directly against the professional and/or the facility'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 the Courts of First Instance of Málaga, as applicable. Our goal: the maximum compensation you are entitled to by law.
We control every variable in your case
From obtaining the medical records to the final expert testimony in the courtroom, our legal team personally oversees every phase of the proceedings. We do not delegate to interns or call centers. You speak directly with the attorney handling your case.
Three legal avenues for filing a medical malpractice claim
Depending on the circumstances of your case — who committed the malpractice, the severity of the harm, and whether it occurred in the public or private sector — we activate the most effective procedural route:
Administrative litigation route
When the harm occurs in a public hospital or facility within the Andalusian Health Service (SAS), liability rests with the Administration. We file the patrimonial liability claim within the one-year deadline from the stabilisation of the sequelae. If the Administration rejects or fails to respond to the claim, we proceed before the Administrative Court.
Civil route
For malpractice at private clinics, individual practices, or private health insurers. We bring proceedings against the healthcare professional, the facility, and its civil liability insurer. The statute of limitations is five years (art. 1964 of the Civil Code) from the date the patient became aware of the full extent of the harm.
Criminal route
Reserved for the most serious cases: where the medical conduct constitutes gross negligence as defined in the Criminal Code (arts. 142 and 152). A criminal complaint or report is filed with the Investigating Court. This route allows compensation to be obtained within the criminal proceedings themselves as a private prosecution.
How much can I claim?
Compensation depends on the severity of the sequelae, days of hospitalisation, procedures required, loss of earnings (income lost as a result of the harm), and moral damages. We apply the traffic accident compensation schedule (Law 35/2015) as a reference framework, adapted to each specific medical case.
Medical malpractice attorneys in Málaga, Marbella and the entire Costa del Sol
Orozco y Asociados operates from Málaga with coverage across the entire province: Marbella, Vélez-Málaga, Torremolinos, Fuengirola, Estepona, Ronda and every municipality along the Costa del Sol. We appear before all courts in the province and before the High Court of Justice of Andalusia (TSJA) whenever an appeal is necessary.
Medical malpractice frequently intersects with other areas of law in which we specialise. If your case involves a traffic accident with inadequate medical care, our traffic accident department acts in a coordinated manner. If there is a situation of criminal liability, our criminal lawyers intervene from the outset. And if you need to bring a claim against an insurer that refuses to cover the loss, our civil law team handles both out-of-court and judicial claims.