“A medical malpractice occurs when the physician performs badly both commission and omission, and this adversely affects the health of the patient,” says Maria Luisa Bautista, Bautista law firm Alonso. “Not to be confused with human error.”

It is considered that a health professional work in a negligent manner when it acts in accordance with the provisions of the ‘Lex Artis’ . This concept – ‘law of art’ in Castilian-refers to the set of practices that a doctor should be done to save the life of a patient at a given time and means certain. If it proves to have not followed this code may be concluded that health care has been negligent.

2. Filing a claim in the hospital.
When you are sure that there has been medical negligence leads a writing to the hospital and the doctor who committed it. It gives all the information you think necessary (type of injury, symptoms, duration of disease, etc..) And requires a repair the damage.

If you are disabled and can not write the document, a relative or friend can do it and present it for you. All you need to do to prove its authenticity is to attach a photocopy of your ID and your signature. If another person who is disabled, you can do the same for her.
If no response or if the claim is rejected, recourse to the courts.

3. Going to the courts.
Claim to justice by a medical malpractice case is a complicated process that can last a long time. In February 2011 was awarded compensation of 200,000 euros to a woman who suffered from medical negligence in the digestive sequelae 4 years earlier . For this reason it is highly advisable to have the services of a lawyer. The minutes that typically charge of around 2000-3000 euros.

In general, the procedure to be followed is as follows:
-In the event that medical malpractice has occurred in a public hospital, the responsibility falls on the public health, not the doctor. You may file suit in the courts of administrative litigation, and claims that when the state administration, the judicial process moves through the civil courts.
-If you have committed in a private hospital, the responsibility falls on the doctor who committed malpractice, which runs the risk of becoming disabled. The judicial procedure developed in this case by the criminal or civil. You must go to the Courts of First Instance of your Autonomous Community to file a complaint or grievance.

4. The expert report, a key document.
The figure of the medical expert is critical to demonstrate that you have been a victim of medical malpractice. Will analyze your case thoroughly. Consider medical treatment if you have followed and clarify the mistake made by doctors is due to malpractice or human error. At the end of this process produce a report which shall state his opinion. The court considers your case value on this document when rendering its decision.
The State may assign a medical expert by the court to engage in your process, although it is advisable to hire one on your own, your report will tend to favor your side of the story. They are easy to locate on the Internet, and can charge between 300 and 3000 euros for his services, depending on their specialty.

5. appeal the decision.
If the judge rules against you can file an appeal. In the event that your case progresses through the criminal or civil (complaints and lawsuits against private health physician) comes to your Provincial Court. If in this instance it is the same used in the High Court of Justice and then to the Supreme.

If the verdict goes against you have to do off the court. The custom is that they are established in 10% of the compensation sought. A trial in which compensation is claimed € 100,000 will have a coastline of 10,000 euros.
If instead your case goes the way of administrative litigation (lawsuits against public health), the resource that you have to file if the judge rules against you first passed through the halls of Contentious Administrative Court. If the verdict comes back to be unfavorable to the High Court in your region.
Court fees to be paid if the final decision is negative vary widely. Will the court trying the case on that set.

6. It is very difficult to get compensation.
Win a case of medical malpractice claim is difficult, especially if the defendant is a doctor working in a private hospital. Triviño Aurelio Hernández , health advocate, and forensic medical expert, argues that “the demands that go against the private sector often lose almost all “. This is because “it is very difficult to prove negligence” and that these toilets are typically backed by large teams of lawyers. If the judge rules against you, your appeal has a Provincial Court. If in this instance it is the same, go to the High Court of Justice, and from there to the Supreme.
It is much easier to prosper a complaint to be filed against public health. “The success rate in these cases is much higher,” says Hernandez, “not requested the disqualification of the doctor, just compensation.”
Odds of winning a claim of this type also increases in cases of medical malpractice in plastic surgery. Counsel Fernando Abellán clear that this type of specialties have a “plus of responsibility to patients. When they go to a treatment of this type are not taking a risk to life, so that the courts are much more demanding in terms of informed consent.”

7. Compensation of up to 1,000,000 euros.
The amount of compensation you can receive as a result of medical malpractice can be very high. This is decided taking into account the “physical and moral damage and work disability resulting from injury,” says the lawyer Carlos Menchaca .
It is very difficult to develop a relationship between each type of injury and the amount of money received by each of them. Still, and with reference to the statements that have been in such cases, some generalizations can be made. The loss of an eye in a person between 20 and 40 years, for example, can be compensated with an amount is between 60,000 and 80,000 euros. This figure could rise to 120,000 euros in situations in which a death occurs. Chronic injury cases are the highest reported compensation. You can receive between 800,000 and 1,000,000 euros.
The numbers decrease with increasing patient age has been the victim of negligence. Are proportional to the expected years of life that lie ahead.

8. The money is exempt from tax obligations
The money charged on such compensation is not taxed, since it falls under the category of moral damage indeminaciones exempt from any tax liability.

Confused face the debt in the real world, a gamer who has a good reputation to steal money from a virtual bank in the game in question. Richard, a name that gamers then sell the virtual money on other gamers on the black market. This incident happened in the game Eve Online. In these games more than 300 thousand customers from all over the world pay 15 U.S. dollars per month to be able to play. The players earn virtual game later than hard work or to defeat his opponent.

Richard, IT employees from 27-year-old Australian who in games using Ricdic name, he served as Chief Executive Officer at EBank, one of the largest financial institutions in Eve Online, which manages thousands of “money” property of the customer. ”Character Ricdic This is one of the people who run EBank last for some time. He carried off a number of virtual money from the bank and exchange it with real money, “said Ned Coker, a spokesman for the CCP, Icelandic-based company that develops Eve Online, as quoted from News.com.au, July 3, 2009. “A total of 200 billion interstellar (a virtual currency), he stole, worth about 5100 U.S. dollars in the real world,

If you are a victim of any medical negligence, so you have also a great opportunity to get the medical negligence claims. People can get the medical negligence claims whether he is getting the treatment NHS or Privately.

If we talk about the personal injury claims then you we get the answer that every person should take the personal injury claims plans because in our daily life we may be injured by any thing. In my best of knowledge whiplash claim, medical negligence claim, or personal injury claims are only for the benefits.

People should always prefer the best claims plans which could help for injury. People can also get the good advice online now days over the internet, only they need to select the best claim plan which can really work.