NEGLIGENCE / CLINICAL MALPRACTICE

Medical Negligence: When the Case Demands Criminal Proceedings and Robust Evidence

Q: Who do I proceed against — the doctor or the clinic?

In criminal proceedings, liability is attributed to the individual practitioners involved. In civil claims, the clinic or hospital and the health insurer or private medical plan may also be parties, depending on the case. Strategy is defined once roles, documentation and evidential issues have been identified.

The fact that medicine is not infallible does not excuse everything. Where serious injury or death has occurred and there are indications of incompetence, recklessness or negligence, private prosecution enables urgent evidence preservation and a rigorous evidentiary strategy.

In 60 Seconds

First: secure the medical records, test results and imaging (copies and safekeeping).
Then: party-appointed expert witnesses to assess the standard of care and causation.
Objective: ensure the case file contains technical evidence and does not fail for lack of substantiation.
Key point: do not sign any settlement or “closure” agreement without a thorough review of the case.

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Complex cases in Buenos Aires City (CABA) and the Province.

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The Medical Record: Where Cases Are Won or Lost

In medical negligence cases, the outcome depends almost entirely on what the medical record documents — or fails to document: clinical progress notes, instructions, specialist referrals, medication, test results, signatures and timestamps.

When an adverse event occurs, medical records sometimes turn out to be incomplete or to contain inconsistencies. That is why the first step is always to preserve the evidence.

Depending on the case, an initial measure may be to apply to the court for urgent preservation of documentation (medical records, imaging, registers, instructions) and the safeguarding of storage media (systems, backups, records). Where justified, more intensive measures can be sought, always subject to judicial discretion.

Party-Appointed Experts: Translating Medicine into the Case File

Judges are not medical professionals. They need a clear technical explanation to determine whether there was a departure from the lex artis (the applicable standard of care) and whether causation is established. We work with party-appointed medical experts to analyse the case, identify deviations and support it rigorously throughout the official expert process.

Evidence Strategy, Not Improvisation

We are familiar with investigative standards and common mistakes that weaken medical negligence case files. For precedents and structured approaches, see our Criminal Case Law section .

What to Gather Now

Before any formal complaint, preserve your documentation. Start by gathering the following:

1) Test Results and Imaging Preserve everything you have (X-rays, MRI scans, laboratory results). If records are held by the clinic or hospital, request copies.
2) Prescriptions and Instructions Photographs of handwritten instructions, prescriptions, pharmacy receipts and packaging of administered medication.
3) Timeline Keep a written record: dates, approximate times, who attended, what was prescribed and what was communicated. Memory fades quickly.
4) Practitioners Involved Note the full names of all professionals and staff involved (doctors, nursing staff, anaesthetists, duty staff). If possible, ask for confirmation in writing.

ASSESS CASE VIABILITY

If there is a current health risk or medical emergency, seek immediate medical attention and retain all documentation.

Criminal vs. Civil: What Each Process Seeks

A civil claim seeks compensation. Criminal proceedings seek accountability and sanctions.
In some cases it is advisable to pursue both; in others, the criminal file helps organise evidence and negotiate from a position of strength. Strategy is defined case by case.

UNDERSTAND THE PROCESS

Frequently Asked Questions

Time limits vary depending on how the case is characterised and the applicable legal provisions. In practice, the urgent priority is always to preserve evidence. The longer the delay, the more difficult it becomes to technically establish causation and reconstruct the relevant clinical decisions.

No. Medical practice carries inherent risk. Clinical negligence becomes criminally relevant where demonstrable incompetence, recklessness or negligence can be established. That technical distinction is proved through complete medical records and party-appointed expert witnesses.

In criminal proceedings, liability is attributed to the individual practitioners involved. In civil claims, the clinic or hospital and the health insurer or private medical plan may also be parties, depending on the case. Strategy is defined once roles, documentation and evidential issues have been identified.

Do Not Let Time Pass: Evidence Disappears

If you suspect medical negligence, contact us before signing any settlement or “closure” agreement.
We assess criminal viability and identify which documentation should be preserved from the outset.

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