Best Birth Injury Lawyers in Bilbao

About Birth Injury Law in Bilbao, Spain

Birth injury law covers cases where a baby is harmed during pregnancy, labor, delivery or immediately after birth. In Bilbao, as elsewhere in Spain, potential birth-injury claims can arise from alleged medical negligence by obstetricians, midwives, anaesthetists, pediatricians, nurses or hospital systems - whether in the public health service or in a private clinic. Remedies may be pursued through civil court actions for damages, administrative claims against public health authorities, and in some serious cases criminal complaints. The legal process focuses on proving that substandard care caused harm and establishing the extent of loss - medical, economic and personal - suffered by the child and the family.

Why You May Need a Lawyer

Birth-injury cases are medically and legally complex. You may need an experienced lawyer if any of the following apply:

- The baby or mother suffered avoidable injury, such as oxygen deprivation, skull or shoulder trauma, brachial plexus injury, cerebral palsy, severe infection or other lasting harm tied to care during delivery.

- Medical records appear incomplete, altered or difficult to obtain.

- Healthcare providers or a hospital deny liability or provide conflicting explanations.

- You need help obtaining and interpreting clinical records and commissioning independent medical expert reports.

- You want to calculate full compensation for current and future medical needs, rehabilitation, special education, loss of earnings and home adaptations.

- You are considering pursuing an administrative claim against a public health authority or a civil lawsuit and want to understand the applicable procedures, timelines and likely outcomes.

- You want to know whether a criminal investigation is appropriate in cases of gross negligence and how that interacts with civil remedies.

Local Laws Overview

Key legal features relevant to birth-injury matters in Bilbao include:

- Dual pathways for claims: If care was provided by a public facility under the Basque Health Service - Osakidetza - families commonly start with an administrative claim for patrimonial liability against the health authority. Private clinics and individual professionals are generally sued in civil courts.

- Burden of proof and expert evidence: Claimants must show that the professional or institution breached the standard of care and that this breach caused the injury. Medical expert reports and the clinical history are central evidence.

- Statutes of limitation and timing: Time limits apply to all claims. Since the 2015 reform of the Civil Code, many personal injury claims are subject to a five-year prescription period counted from when the injured person or guardian became aware of the harm and the person responsible. Administrative procedures often impose shorter windows to file a prior administrative claim. Special rules can apply where the injured party is a minor - consult promptly to preserve rights.

- Types of remedies: Compensation may cover past and future medical treatment, rehabilitation, prosthetics, specialist education, loss of parental earnings or capacity to work, psychological support and non-economic damages for pain and suffering. Courts assess amounts based on severity, prognosis and expert reports. There are no fixed national tariffs for medical malpractice outside specific areas like traffic accident tables.

- Criminal proceedings: Serious cases involving gross negligence, reckless conduct or conduct causing death may lead to criminal charges. A criminal case can run alongside a civil claim, but a criminal conviction is not required to obtain civil compensation.

- Language and regional administration: Bilbao is in the Basque Autonomous Community. Administrative procedures and communication may involve Spanish and Basque. The regional health service is Osakidetza and regional regulations and procedures can affect how claims are handled.

Frequently Asked Questions

What is considered a birth injury?

A birth injury is any harm to the baby or mother that occurs during pregnancy, labor, delivery or in the immediate newborn period and that results in short-term or long-term damage. Examples include cerebral palsy related to oxygen deprivation, fractured bones, nerve injuries such as brachial plexus damage, hypoxic-ischemic encephalopathy, neonatal infections, and injuries caused by inappropriate use of instruments such as forceps or vacuum extractors.

How do I know if the injury was caused by medical negligence?

Not every birth injury is the result of negligence. To show negligence you generally need evidence that the healthcare provider departed from accepted standards of care and that this departure caused the injury. Important indicators include delayed or inadequate response to fetal distress, failure to perform timely caesarean section when indicated, improper use of instruments, inadequate monitoring, or failure to obtain informed consent. An independent medical expert review of the clinical history is often necessary to establish this.

Who can be sued for a birth injury in Bilbao - the hospital or the individual doctor?

Both types of defendants are possible. If the care took place in a public hospital, claims are often brought against the public health authority (Osakidetza) through an administrative claim followed by civil proceedings if necessary. In private clinics, the claim is typically brought as a civil action against the clinic and/or the individual professionals involved. Determining the correct defendant is important for procedure and deadlines.

How long do I have to bring a claim?

Time limits vary by procedure and circumstances. Civil claims for personal injury are commonly subject to a five-year prescription period under current Spanish civil rules, counted from the time the injured party or guardian knew of the injury and its cause. Administrative claims against public health authorities often require an earlier administrative claim - in many cases within a much shorter window. Special rules can apply to minors. Because deadlines can differ and can be strict, seek legal advice promptly to avoid losing the right to claim.

How do I obtain my baby or mother’s medical records?

Patients and legal guardians have a right to access clinical history and related documents held by hospitals and health services. For public hospitals in the Basque Country, requests are made to the hospital records office or through the patient services department. Private clinics have equivalent obligations. Request the complete clinical history, labour and delivery notes, monitoring strips, consent forms and neonatal unit records. If records are delayed or incomplete, a lawyer can help to expedite access and address abnormalities.

What evidence is most important in a birth-injury case?

Key evidence includes the full clinical history, fetal monitoring traces (CTG), labour notes, surgical and operative reports, newborn examination records, neonatal unit charts, imaging and lab results, consent documents, photographs, witness statements from attending staff or family, and independent medical expert reports that link the treatment to the injury. Early preservation of records and any physical evidence is critical.

What kinds of compensation can be claimed?

Compensation may cover economic losses such as past and future medical and rehabilitation costs, special equipment and home modifications, ongoing care and therapy, lost parental income and reduced capacity to work. Non-economic damages such as pain and suffering and loss of quality of life can also be awarded. In severe lifelong disability cases, compensation aims to meet long-term care and support needs for the child and family.

Can I bring a criminal complaint as well as a civil claim?

Yes. If the circumstances suggest criminal negligence, reckless conduct or other criminal wrongdoing, a criminal complaint can be filed with the police or directly with the prosecutor. Criminal investigations and civil claims are separate processes and pursuing one does not prevent the other. Criminal cases may take longer and do not automatically produce civil compensation, although conviction can be strong evidence in civil proceedings.

How much does it cost to take a case forward and can I get legal aid?

Costs depend on the complexity of the case, the need for medical experts and litigation. Many specialist lawyers offer an initial consultation to assess a case. Fee arrangements vary - some firms operate on hourly rates, fixed fees or result-based fees. Spain offers legal aid (asistencia jurídica gratuita) to eligible low-income claimants. Discuss fee structure, likely costs and funding options with any lawyer you consult so you understand out-of-pocket expenses and whether contingency arrangements are available.

How long will a birth-injury case take to resolve?

Resolution time varies widely. Some cases settle after early negotiations or administrative resolution within months, while contested civil or criminal cases can take several years. Timeframes depend on the complexity of medical evidence, the need for expert reports, the procedural path chosen and whether parties pursue settlement or full trial. Preparing for a potentially lengthy process and obtaining interim support for the child’s needs is important.

Additional Resources

Helpful local and national resources to consider when seeking information or support include:

- Osakidetza - Basque Health Service - the regional public health authority providing care in Bilbao.

- Consejería de Salud del Gobierno Vasco - regional health ministry and administrative contact point.

- Ilustre Colegio Oficial de Médicos de Bizkaia - the provincial medical association for professional standards and ethics questions.

- Fiscalía Provincial de Bizkaia - for questions about criminal reporting.

- Spanish Ministry of Health - national policy and patient rights information.

- Defensor del Pueblo and Defensor del Pueblo Vasco - ombudsman offices that can assist with systemic complaints against public authorities.

- Local legal aid offices and bar associations - for information on free or low-cost legal assistance and lists of specialised abogados in medical negligence and personal injury.

- Patient advocacy and support groups - charities and parent groups focused on cerebral palsy, neonatal injury and long-term care needs provide practical support and community experience.

Next Steps

If you believe a birth injury has occurred, consider the following steps:

1. Preserve and request all medical records promptly from the hospital or clinic - include labour notes, monitoring strips, neonatal charts, imaging and consent forms.

2. Seek appropriate medical care and follow-up for the child and mother. Document treatments, appointments and expenses.

3. Obtain an independent medical opinion from a specialist in neonatal, paediatric neurology or obstetrics to assess causation and prognosis.

4. Contact a lawyer in Bilbao with experience in birth-injury and medical negligence - ask about experience, past cases, likely strategy, timelines and fees.

5. Discuss immediate practical needs - interim financial support, social services, disability benefits and therapy options - which a lawyer or local support organisations can help identify.

6. Decide on the appropriate procedural path - administrative claim against the health authority, civil claim against the provider, or criminal complaint - with legal advice.

7. Act promptly to preserve rights and meet any strict procedural deadlines. Early legal involvement improves chances of securing evidence and achieving an effective outcome.

Note: This guide provides general information and does not replace personalised legal advice. If you face a birth-injury issue in Bilbao, consult a qualified lawyer to review your specific circumstances.