Medical Negligence - DAC Beachcroft
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Medical Negligence

  • INSALUD (former central government public health system) and Autonomous Regions Public Health Systems (e.g. Cantabria, Andalucía, Aragón, 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 Lawyers View All

Our Lawyers - Gustavo Blanco

Gustavo Blanco

Head of International Business Madrid

Gustavo Blanco is the Head of International Business for DAC Beachcroft…

Our Lawyers - José María Álvarez-Cienfuegos

José María Álvarez-Cienfuegos

Partner Madrid

Jose Maria holds wide experience assisting Spanish and international…

Our Lawyers - Pilar Rodríguez

Pilar Rodríguez

Partner Madrid

Pilar specialises in litigation and holds a wide range experience…

Our Lawyers - Pablo Guillén

Pablo Guillén

Partner Madrid

Pablo is a partner in our Madrid office…

Our Lawyers - José María Pimentel

José María Pimentel

Partner Madrid

José María specialises in defending personal injury and professional…

Our Lawyers - Eduardo Asensi Pallarés

Eduardo Asensi Pallarés

Partner Madrid

Eduardo is a specialist in civil liability and insurance…

Our Lawyers - Iñigo Cid-Luna Clares

Iñigo Cid-Luna Clares

Partner Madrid

Iñigo specialises in Professional Civil Liability Insurance, with a focus…

Our Lawyers - Julio Albi

Julio Albi

Partner Madrid

Julio is a civil liability and insurance lawyer specialising in medical…

Our Lawyers - Marisol Lana

Marisol Lana

Lawyer Madrid

Marisol joined DAC Beachcroft in 2015 to join the Industrial Risk practice…