Claim for medical negligence

CUMLEX LAWYERS is a committed firm, highly qualified and specialised in health law (medical negligence) with offices in Elche, Torrevieja and Benidorm (Alicante). We distinguish ourselves by offering a close service to the victim and a teamwork of a wide variety of medical specialists and experts, and professionals of utmost importance in these procedures.

Our professional experience in this specialized area of law, medical negligence, has made us aware of the unique and delicate circumstances that each victim of medical malpractice, or their relatives, live in particular. They usually suffer uneasiness and lack of professional guidance, not knowing where or who to turn to.


What to do if you have been affected by medical malpractice?


  1. When a medical error, the first thing to do is requesting the medical records of the person affected by medical malpractice. Obtaining the clinical record of the episode where negligence is suspected is crucial. We will need to know all the information of the assistance received. In cases of death, the victim’s relatives can request the hospital, clinic or consult the patient’s clinical record, simply by proving they are a direct family member (for example through the family book).


  1. Cumlex Lawyers offers in Elche, Benidorm and Torrevieja (Alicante) the orientation and a first free legal study of the medical documentation generated where the alleged medical malpractice was committed.


  1. The next step would be to ask by medical experts specialized in medical malpractice to study the case. These professionals will be those who will assess whether the medical action in each specific case is correct or not, as well as the possibilities of being able to prove a medical error in a procedure.


  1. When medical malpractice can be proven and it is viable for the affected party to initiate a claim for damages, Cumlex Lawyers will guide the claimant through the procedure to be followed.


When can you claim for medical malpractice?

When you have been a victim of medical malpractice, either the patient himself or his family members (when unfortunately the patient past away), can claim for damages by the medical error committed.

In order to make the relevant claim procedure with the maximum guarantees, it is necessary for medical experts in the matter of medical negligence to assess the medical episode and confirm that medical malpractice can be proven through the patient’s medical record.


Cumlex Lawyers, with offices in Elche, Benidorm, and Torrevieja (Alicante), offers collaboration with experts in each of the matters within the health field. We will provide the client access to all those professionals who need to know if the case is viable and defensible. If so, we will initiate legal procedure of claim for damages.

What can you claim when you have suffered medical negligence?

When we are facing a medical malpractice, we have to bear in mind that there are a lot of different damages that the victim might confront. They can be physical damage (sequels and days that have been slow to stabilize), psychological or moral damage and economic damage.

In the unfortunate event that a patient has died due to medical malpractice, relatives can also claim for damages whether they are moral, psychological or/and economic.

All these damages can be claimed by the corresponding way, but they must always be able to be proven.

  • Sequels and days of invalidity are tested by a medical expert who bases his assessment on the patient’s medical reports.
  • Psychological damages are also tested by medical experts who are similarly based on the patient’s clinical record, symptoms, evolution and treatments.
  • Moral damages: There always are moral damages in case of suffering a medical negligence or in case of having suffered the loss of a relative due to a medical error.
  • Economic damages: Such as loss of work, loss of profit, loss of the family member who supported the home economy, medical expenses, etc… They can be demonstrated and justified with specific documentation.


If you need more information about our services in Cumlex Lawyers, with offices in Elche, Benidorm and Torrevieja (Alicante), concerning the process of claim for medical negligence you can consult our web page or make an appointment. Our first appointment will be for free.