Demand to exempt victims of medical negligence from legal costs in claims


In 2021, patient advocate accounted for 13,156 complaints Undoubted medical negligence, In these cases, 628 They had fatal consequences. Associations of victims of health carelessness have for years warned of an increase in injuries and avoidable deaths as a result of health cuts and the devastation caused by the pandemic.

In this context, associations such as the Patient Ombudsman or Project don’t let this happen anymore ask for a discount from court expenses Expenses that must be paid in judicial process- Victims of malpractice who file a claim for death or permanent and irreversible injuries.

“abuse of power”

carmen flower, President of the Patient Ombudsman, holds that, in these cases, the award of cost is an “abuse of power” and should not exist unless it is proved that it is a “malicious” complaint. in statements Global ChronicleFlores assures that many families “cannot afford” to pay. Quantity so much: “There are people who have to ask for a loan to be able to deal with the complaint.”

From the association que no pasa mas they say that implementing this payment is “another way to protect against system failures and deprive citizens of their fundamental rights.” pepe aznariLawyers and group spokespersons explain to Medium that if a complainant “contributes” expert report An expert in the field who confirms that the claim is not negligent should not be ordered to pay the cost”.

A Trial / EP . resource image of

demand for change in law

In some cases, Azner points out, the judge may decide not to incur costs when it is an debatable or legally explanable fact. However, in most casesthe standard prevails“For this reason, we are proposing that the criteria be changed and established that in cases of medical malpractice, when the head of the family is injured or dies, there is no cost.”

Along these lines, Flores believes a “change in the law” is necessary and asks that justice recognize them. the victim, “Free justice is only for some victims, but we, although some of us have suffered irreparable harm, are not classified as such,” he says. “We have to change the law, we’ve been fighting this battle for years,” he argues.

The proposal reached the Congress of MPs

A request to acquit victims of medical negligence from court costs reached the Congress of Deputies. “First we got unanimous approval In catalonia parliament, Then, we went to Congress and they sent us to their health commission, where they agreed with our thesis and proposals,” Aznar explains.

However, the matter remained there. “There has been a motion to condemn Mariano Rajoy and we are still waiting for it to be raised again,” he laments. From the association they request the support of unions such as white tide before the competent administration to fulfill its purpose.

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