Hospital Deaths: When Medical Negligence May Exist

When a patient dies in a hospital, the key question is whether the death was inevitable despite proper medical action or whether, on the contrary, there was a deviation from the *lex artis ad hoc* (the good medical practice applicable to the specific case) that allows for the discussion of medical negligence. 

At GVC Abogados (García Valcárcel & Cáceres), a law firm based in Murcia with solid experience in claims for medical negligence since 1998, we analyse in depth when a claim is viable, what evidence is decisive, and what deadlines and legal avenues exist for the relatives.

Signs of Possible Negligence in Hospital Deaths

1) Breach of the lex artis ad hoc

Negligence exists if the medical team deviates from the generally accepted professional practice for the specific case. A result (cure) is not required, but due diligence and action in accordance with current protocols and knowledge are necessary. The relevant deviation, with causal capacity over the death, is the axis of liability.

2) Lack of informed consent

Law 41/2002 recognises the right of the patient (or their relatives in situations of incapacity) to receive comprehensible information and to consent to procedures, especially invasive ones or those with notable risks. The absence of relevant information or reasonable therapeutic options can generate liability, even when the medical act was technically correct, if the risk produced was typical and not duly informed.

3) Diagnostic errors and delayed care

Unjustified delays in urgent tests (for example, CT scans in suspected stroke, troponins/ECG in coronary syndrome, early antibiotics in sepsis) or premature discharges can break the *lex artis*. Jurisprudence also considers "loss of opportunity" when a late action significantly reduces the chances of survival, even if the final outcome cannot be assured.

4) Medication errors and monitoring failures

Incorrect dosages, omission of critical medication, administration to patients with known allergies, or lack of monitoring in high-risk patients (postoperative, anticoagulated, respiratory failure) are typical cases with preventable lethal impact.

5) Nosocomial infections and preventable events

Infections associated with care (catheters, mechanical ventilation, operating room) require strict prevention and control protocols. Outbreaks, breaches of asepsis, or failures in antibiotic prophylaxis can be sources of liability if deviations are proven.

6) Omission of patient safety measures

Falls on the premises, absence of prophylaxis for venous thromboembolism in immobilized patients, errors in patient identification, or failures in early warning systems constitute risk areas where protocols are mandatory.

Key tests to assess viability

• Complete medical history: emergency reports, progress notes, medical orders, surgical sheet, anaesthesia, laboratory, radiology, medication, vital signs, risk scales, nursing records, and informed consents. *Ley 41/2002* (Law 41/2002) supports the right to access and copies.
• Protocols and practice guidelines of the centre and the involved service, as well as quality records, mortality committees, and adverse event reports.
• Clinical or judicial autopsy: can provide causality, chronology of injuries, and rule out alternatives. Judicial autopsy is performed by order of the court when there are indications of a crime or unnatural death.
• Independent expert reports: determine the applicable *lex artis*, analyse causality, and quantify damages using the scale of *Ley 35/2015* (Law 35/2015).
• Economic documentation: expenses, loss of income, dependence on family members, etc.

Ways to claim and deadlines in Spain

Public health: patrimonial liability

When the death is linked to a public hospital (in Murcia, affiliated with the Murcian Health Service), the route is the patrimonial liability of the Administration. General deadline: one year from the death or from when the extent of the damage is determined. It is processed through administrative channels (*Ley 39/2015* (Law 39/2015)) against the competent health administration (art. 32 of *Ley 40/2015* (Law 40/2015)). If there is no estimation or if there is a dismissal, recourse is made to the contentious-administrative jurisdiction.

Private health: civil liability

Against private centres and professionals, the action can be contractual or extracontractual. As a rule:

• Contractual action: deadline of five years (art. 1964 CC) since the 2015 reform for personal actions.
• Extracontractual action: one year (art. 1968 CC) from the damage or from its stabilization.
• Direct action against the civil liability insurer of the centre or professional, in terms of the Insurance Contract Law.

In practice, for prudence, it is advisable to activate the claim as soon as possible and, if there are doubts about the nature of the relationship, interrupt deadlines through both routes.

Criminal route: homicide or injury through negligence

The criminal route proceeds in cases of serious negligence (for example, reckless practices, intoxications due to gross medication errors, surgeries outside of basic protocol). The *Código Penal* (Criminal Code) classifies negligent homicide and negligent injury with aggravation due to professional negligence, and disqualification may be imposed in addition to penalties. It is a more demanding route in terms of evidence and must be assessed on a case-by-case basis.

Who can claim and what damages are compensated?

In the event of death, the affected parties are the spouse or registered partner, descendants, ascendants, siblings, and close relatives, according to the criteria of the Scale of Law 35/2015 (*Ley 35/2015*). Moral damages, emergent damage (funeral expenses, prior medical expenses), lost profits (income not received), and specific damages (for example, special family circumstances or economic dependency) are compensated.

Expert strategy and evidence gathering in hospital deaths

The strength of the case depends on technical evidence. At GVC Abogados, we work with medical experts to:

• Reconstruct the chronology: triage times, tests, administration of key treatments (antibiotics, anticoagulation, fluid therapy), warning signs, and clinical response.
• Contrast actions with current guidelines and protocols in critical units (ICU, Emergency, Anesthesia, Surgery, Oncology, Obstetrics).
• Assess clinical autopsy or promote preliminary proceedings for judicial autopsy when there are indications.
• Establish a causal relationship or, where applicable, loss of opportunity, with statistical and bibliographic support.

How GVC Abogados helps you in Murcia

From our office at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia, we support you with a comprehensive and prudent approach:

• Feasibility analysis without initial commitment and guidance on the optimal route (administrative, civil, or criminal).
• Obtaining the complete medical history and other health documentation.
• Commissioning a medical expert report from specialists in the field.
• Prior claim and, if appropriate, lawsuit before the courts with quantification according to the Scale.

Active in medical negligence since 1998, we integrate lawyers, legal experts, and medical experts to tackle complex claims with rigor, experience, and closeness.

Frequent cases we analyze

• Sepsis with delayed diagnosis and absence of early antibiotics.
• Thromboembolic events in immobilized patients without prophylaxis.
• Medication errors (high doses, contraindicated drugs, known allergies).
• Predictable surgical complications not disclosed in the consent.
• Premature discharges and lack of monitoring in emergencies or resuscitation.
• Nosocomial infections due to failures in aseptic protocols.

Frequently Asked Questions

How to differentiate between a complication and negligence?

A complication can be inevitable even with good practice. It is negligence when the action deviates from the *lex artis* (standard of care) or when a typical risk is not disclosed and it materializes without the patient having validly accepted it.

Can I access the complete medical history?

Yes. Law 41/2002 recognises the right of access and copy. If the centre delays or denies, we can formally request it or seek it judicially.

What is the time limit to claim?

In public healthcare, one year. In private healthcare, generally five years for contractual and one year for non-contractual. We recommend consulting immediately to ensure the interruption of deadlines.

Is the Traffic Scale used?

Law 35/2015 is used as a guideline to quantify personal damages in medical negligence cases, adapting the concepts to the healthcare reality.

Is an autopsy necessary?

Not always, but it can be decisive in clarifying the cause and causation. We assess the convenience of clinical or judicial autopsy on a case-by-case basis.

Additionally: family and inheritance implications after a death

After a hospital death, family and succession procedures may arise. Our team can also assist you in family law (pensions, guardianship of minors, marriage contracts) and as inheritance lawyers in Murcia (declaration of heirs, partition, acceptance/rejection, taxation), coordinating everything with the main claim for healthcare liability.

Why GVC Lawyers in Murcia

• Tradition and trust since 1946 and over 25 years in medical negligence.
• Multidisciplinary team with specialised medical experts.
• Close attention, prudent analysis, and transparent communication.
• Comprehensive service: medical negligence, family law lawyers, and inheritance lawyers, all in the same office in Murcia.

If you need to assess a possible negligence due to a hospital death in Murcia, contact us. We review your case rigorously and explain, clearly, the legal options and the steps to follow.