Insurance Law - Spain

The insurance law department of Belzuz Abogados started its activity within the Corporate Law Department, advising clients in those matters related to insurance law.

The growing demand for services related to the insurance world and the specialization required by this sector gave rise to the creation of the department in 1998, which explored and treated different study issues related to insurance law. 

Our experience

We have great experience advising about insurance law, both in relation to national and foreign insurances. We count with a multidisciplinary team, with corporate, tax and litigation lawyers for the best treatment of the matters. 

Our clients

National and international companies of first level trust their claims to our team. Today we are involved in torts of all kinds, in all the insurance market.

With the support of Litigation Department, Belzuz Abogados takes part in several litigation procedures, and also in arbitration and expertise procedures, to give a good treatment to the tort at a national level. 

Global Services

Our presence in Spain and Portugal with offices in Lisboa and Oporto makes it possible for us to offer a global service in the dealing of Tort proceedings, offering an adding plus for the insurance entities in the processing of claims.

We have dealt directly in the setting up of different insurance companies, helping them to develop and adapt their structures and policies to the local requirements and peculiarities. 

Negotiation Objectives

Belzuz Abogados stands out dealing with various situations and intervenes, looking for settlement, achieving good agreements and for this reason many times avoiding the court. 


 The insurance law department offers global advice in the following areas of insurance law:

Regulatory
  • Assessment and legal opinions on the applicable legislation.
  • Relations with the Dirección General de Seguros and with the Consorcio de Compensación de Seguros (Access to the insurance business, expansion of the activity, revocation of permits, violations and penalties, complaints to the Comisionado para la Defensa del Asegurado).
  • Analysis and amendment of policies (draft of general, particular and special conditions, delimitation and limitation of risk, etc…);
  • Filing of consultations with the Dirección General de Seguros, in coordination with the regulatory entities.
  • Rights and obligations of the parties, payment of premiums, quantification of the damages.
  • Legal advice to mediators, choosing the best mediator taking into consideration the needs of the client.

 

More information about the Insurance law Department | Madrid (Spain)

Civil Liability

Belzuz Abogados intervenes in the process, claim and/or legal defense or transaction of the matters related with civil liability:

  • Product liability insurance and industrial risks
  • Civil liability regarding health insurance
  • General civil liability
  • D&O civil liability of directors
  • Civil liability regarding the environment
  • Total risk/construction

 

More information about the Insurance law Department | Madrid (Spain)

Traffic Law
  • Assistance in the process of the claims / negotiation
  • Claims and judicial litigation, transactions and calculation of damages
  • Repeat Actions
  • Valuation of property and personal damages
  • Assistance and coordination with experts with respect to the valuation of damages and identification of the causes.
  • Legal Defense

 

More information about the Insurance law Department | Madrid (Spain)

Insurance and reinsurance agreements

Belzuz Abogados advices in the negotiation of insurance or reinsurance agreements, with respect to its adaptation to the legal frame, as well as in the design of legal structure.

 

More information about the Insurance law Department | Madrid (Spain)

Life and persons insurance
  • Assistance in the process of the claims / negotiation
  • Claims and judicial litigation, transactions and calculation of damages
  • Repeat Actions
  • Valuation of property and personal damages
  • Assistance and coordination with experts with respect to the valuation of damages and identification of the causes.
  • Legal Defense

 

More information about the Insurance law Department | Madrid (Spain)

Transport insurance
  • Assistance in the process of the claims / negotiation
  • Claims and judicial litigation, transactions and calculation of damages
  • Repeat Actions
  • Valuation of property and personal damages
  • Assistance and coordination with experts with respect to the valuation of damages and identification of the causes.
  • Legal Defense

 

More information about the Insurance law Department | Madrid (Spain)

Corporate Area
  • Incorporation of Insurance companies.
  • Incorporation of branches of foreign insurance companies.
  • Mergers and Acquisition of insurance companies.
  • Acquisitions of portfolio.
  • Tax representation to foreign companies that are acting under Freedom to provide services.

 

More information about the Insurance law Department | Madrid (Spain)

Liability, Insurance, Fire and Theft
  • Assistance in the process of the claims / negotiation
  • Claims and judicial litigation, transactions and calculation of damages
  • Repeat Actions
  • Valuation of property and personal damages
  • Assistance and coordination with experts with respect to the valuation of damages and identification of the causes.
  • Legal Defense

 

More information about the Insurance law Department | Madrid (Spain)


Medical liability

With increasing frequency we observe cases in which the existence of an error in a medical action is analysed. This fact generates situations of liability for healthcare professionals and institutions with consequences for patients and their families that can be framed in different areas of law, depending on the existence (or not) of a contractual relationship between the healthcare professional and the patient.

However, these cases may be framed in different aspects of the law, depending on the bond of the health professional and the medical act itself. The civil liability regime in public hospitals or in private clinics and/or offices is different, given that the State and other Entities' Extra-contractual Civil Liability Regime and the Civil Code rules apply to the former.

On the other hand, the liability for medical "bad practice" is, in most cases, associated to the error, consubstantiating an action or omission that violates the "leges artis" and causes a damage to the patient, falling, mainly, in the field of negligence, although if the action integrates the lack of expertise or prudence the legal consequences are different.

It is also important to bear in mind that the verification of the medical error does not imply tout court the imputation of civil responsibility to the professional who practices it, having to be fulfilled all the assumptions of that institute.

Thus, the correct analysis of the situation and its legal framework is essential for an adequate defense of the associated interests, and Belzuz Abogados has professionals with extensive experience in the analysis of situations of this nature, following the processes both in the extrajudicial and judicial phases.


 The Medical liability department offers global advice in the following areas:

Medical negligence

By medical negligence, we mean those actions / omissions of health professionals that cause harm to a patient; not performing an x-ray in the correct manner, or not performing a CT scan before severe symptoms, delaying an operation more than would be prudent, or performing a surgical intervention incorrectly, are typical examples of medical negligence.

Medical negligence can be grouped into two major groups: errors / delays in treatment and errors / delays in diagnosis.

The consequences of medical negligence are primarily death, injury and/or prolonged recovery / convalescence time. In addition, the fact of having been a victim of medical negligence supposes additional psychological suffering; this is what is defined as moral damage. The injury may have been suffered by the patient, or by a close relative of the victim.

In Spain, we have a National Health System that is recognized worldwide and despite the professionalism of our doctors, nurses and other health professionals, the overload of the system and the underfunding of means, are behind most of the medical negligence that occurs in our country.

When an injury (whatever it may be) occurs, the Health Administration (or its insurer) must compensate the injured patient; this is called medical liability.

When claiming compensation for alleged medical negligence, the technical and legal feasibility of the claim must be checked in advance.

To this end, Belzuz Abogados SLP, puts at your disposal our team of lawyers with extensive experience in this area of activity, to verify the viability of your complaint and a firm of experts who will study the technical and specialized viability of your case.

Claiming compensation for damages is a matter of justice. Reporting medical malpractice does not have to be to the detriment of health professionals who work with a high level of dedication.

In addition, filing a complaint for care with problems also serves to ensure that the Health Administration (or the particular hospital in question), do not make the same mistake again, and improve the quality of care, which will be in everyone's interest.

Administrative route

In Portugal, much of the health care provision is provided by the public sector, namely within the framework of the different health services of each of the Autonomous Communities.

Within the extended healthcare network, the division between the public and private sectors is distinct, given the existence of numerous private healthcare providers in areas such as palliative care and senior homes. In this sense, if the facts that are the object of the complaint have occurred in the public sphere, the person responsible for the damages that may have occurred in the provision of health care is the Public Administration. Given that our Constitution and laws establish the obligation to compensate individuals for the damages caused to them by the Public Administration, the filing of an administrative action against the Public Administration will be the most appropriate way.

The administrative route is suitable for cases where the complaint must be filed against the Public Administration. A claim for damages shall be made in the administrative route.

The process, even with a long processing period, allows for a hearing and allegations by the interested party, culminating in administrative proceedings with the Report of the Health Inspection of the Health Service of the corresponding Autonomous Community, which may be based on this report by the body of the Administration in charge of resolving to issue an affirmative or negative resolution, in the first case granting compensation.

Civil way

The civil procedure is suitable for cases where the claim must be made against a private individual, company or insurer. The civil action is exclusively a claim for damages. The civil action has a duration of approximately one and a half years since the legal action was filed. However, in civil proceedings, a settlement can be obtained before the conflict is judged, which may lead to the minimization of costs.

The civil way is the way to complain before private law subjects (private elderly homes, private hospitals...). The civil way is also the way to complain before an insurance company of health care providers (senior residences, private hospitals...).

The civil way is faster than the administrative route and administrative litigation, but it contemplates a greater risk in case the lawsuit is not considered justified: the imposition of court costs according to the amount claimed.

Criminal way

By the criminal way, the supposed realization of a crime (offense to physical integrity, homicide, violation of leges artis in the realization of medical-surgical interventions and treatments) can be pursued by the action or omission of natural persons or, in very concrete cases, the criminal responsibility of legal persons can be demanded. The criminal way is, perhaps, one with the longest duration, since it is articulated in two well differentiated phases: the instruction (or investigation) and the litigious phase in which one decides on the investigated facts (the hearing of discussion and judgment).

This also occurs because, during the criminal phase, many elements are involved that are beyond the control of the Lawyers, such as, for example, the participation of the Public Prosecutor. However, in this way it is up to the Public Prosecutor to investigate the facts complained of, which reduces the costs associated with the process.

The criminal procedure involves not only demanding compensation for the damage suffered, but also condemning the alleged perpetrator of the damage to deprivation of liberty and/or professional prohibitions.

 

More information about the Medical Liability department | (Spain)

Traumatology and Orthopaedic Surgery

Traumatology and Orthopaedic Surgery is, together with Gynaecology and Obstetrics, one of the most demanded specialities in Spain.

Fractures, hernias and other tendon injuries have a notable impact on people's quality of life, not only from a functional point of view, but also because of the pain they cause, which can sometimes be very disabling.

Pathologies that affect the mechanics of the body are not only the consequence of acute phenomena (a traffic accident, a fall...), but can also be caused by repetitive processes (inappropriate weight bearing, forced positions due to professional performance) or simply by degenerative or chronic processes (arthrosis, hernias, knee or hip prostheses...).

The treatment of this type of pathology can be particularly complex due to the multitude of factors that contribute to the success of the treatment. Similarly, we are aware that the recovery and rehabilitation process is very demanding for patients and does not always give the desired results.

Although it is true that not all the factors that influence the final result of a treatment are under the control of health professionals, at Belzuz Abogados we believe that an early and accurate diagnosis, through a complete and adequate study of the imaging tests (X-rays, CAT scans...), as well as a carefully planned treatment adapted to the patient's characteristics (controlling the rehabilitation and, if necessary, intervention times) are of vital importance to minimise the consequences of the pathology. Any error or negligence on the part of health professionals can have irreversible consequences and lead to a definitive loss of quality of life.

Delays in surgical treatment, delays in the rehabilitation process or simply an inadequate surgical approach may not only prolong the recovery process unnecessarily, but also lead to the consolidation of a functional limitation or even a residual pain condition.

The fact that you have suffered an injury is not compensable, but the fact that it has not been diagnosed or treated correctly is; if you consider that a mistake has been made or malpractice has occurred, whether in a public or private hospital, you have the right to claim and be compensated for the error/delay in diagnosis or treatment.

From the Medical Liability Department of Belzuz Abogados we want to help and advise you by clarifying and simplifying the processes; if you believe that you have been the victim of medical negligence, do not hesitate: contact us and we will examine your case.

 

More information about the Medical Liability department | (Spain)

General and Digestive System Surgery

General and Digestive System Surgery is a complex speciality whose pathology requires invasive treatments in which there is a high number of what are known as "dirty surgeries". It is therefore not uncommon for undesirable results to occur both during surgery and during post-operative follow-up.

This speciality includes not only surgery of the digestive tract and abdominal wall, but also breast and proctological surgery, two of the most complex anatomical areas that require special care in the surgical approach.

General surgeons treat a wide range of pathologies: from simple appendicitis to complex processes associated with chronic and autoimmune diseases (Crohn's disease, etc.) or tumours.

The scope of responsibility of general surgeons is not only limited to the operating theatre, but extends both to the indications for treatment (usually surgical) and to immediate post-surgical monitoring. The undesirable consequences of an adverse event in General Surgery involve very serious problems for patients in their daily lives and can condition, in perpetuity, their quality of life or even their death.

The most common injury in general surgery is perforation. Despite the time that has passed since the implementation of the laparoscopic technique in Spain and the simplification of surgical procedures, the number of perforations that occur today is still high. Similarly, infectious conditions after surgery, with potentially lethal consequences, continue to be a common occurrence in the General Surgery Departments of Spanish hospitals.

From the Medical Liability Department of Belzuz Abogados we want to contribute, from the exigency and professional rigour, to help our clients obtain compensation for the damages they may have suffered as a result of an adverse event in the field of General Surgery. To do this, we study your case, we help you and we advise you; if you believe you have been the victim of a medical error or negligence, do not hesitate: contact us.

 

More information about the Medical Liability department | (Spain)

Internal medicine and Emergency Healthcare

Internal medicine is a clinical speciality that provides non-surgical healthcare for adults. Internists are responsible for the care of a wide range of pathologies such as autoimmune, hormonal, infectious diseases... The range of patients who usually pass through the hands of internists is very varied, which requires them to have a high level of knowledge in the management of the symptoms of very different diseases. The Internal Medicine Department is the backbone of Spanish hospitals: not only do they determine the convenience of performing complementary diagnostic tests, but they also guide most of the clinical diagnoses and, of course, most of the diagnoses made in the Emergency Department.

The most common error in Internal Medicine is the error/delay in diagnosis due to an incorrect interpretation of the clinical picture or an insufficient diagnostic attitude (lack of examination, lack of indication of complementary tests...). Errors in the diagnosis and treatment of a pathology can have fatal and/or irreversible consequences.

In addition to the high level of demand to which internists are subjected on the ward, the pressure and stress in the emergency department, combined with increasingly scarce resources, lead to the frequent occurrence of adverse events.

As health liability lawyers, we are highly familiar with the problems involved in Internal Medicine and Emergency Departments.

The Medical Liability Department of Belzuz Abogados is at your disposal to guide you through the claims process, to clarify your doubts and to ensure that, when you make the decision to claim, you have all the information you need. Contact us: we will examine your case.

 

More information about the Medical Liability department | (Spain)

Laboral Risks

All workers, whether public or private, have the right to exercise their activity in conditions of safety and health at work. Contagions, accidents and occupational diseases must be compensated when they cause a violation of safety and health rules at work.

In Spain, employers must make the necessary means of protection available to their workers to prevent them from suffering any damage during working time.

In addition, employers must also adapt the jobs to the specific needs that workers may have. In the same way, public workers also have the right to work under safe conditions. To this end, the Public Administration has the obligation to provide the necessary protective materials (or implement the necessary adaptation measures) to ensure that public workers work in a safe environment. Healthcare professionals, members of the security forces, firefighters... they all constitute society's first barrea of protection. We must protect and care for them so that they can provide their services.

At Belzuz Abogados SLP we have a team of lawyers with extensive experience in monitoring work accident processes and recognition of occupational diseases, who can assist any injured party or employer in defining the responsibilities associated with a situation of possible violation of safety and health rules at work.

 

More information about the Medical Liability department | (Spain)

Senior residencies

We owe our elders a debt in the last stage of their lives. With the bustle of daily life, we cannot share all the time we want with them, and so we rely on senior homes and other establishments of this nature to look after them.

The decision to take our seniors into a home is not easy. Leaving our father/mother in the hands of strangers requires an effort from the whole family; that is why we demand from these institutions, in return, that they spare no resources and personnel so that our elderly are well looked after.

Unfortunately, in recent times, the quality of the care our elderly receive has been the subject of news in all the media: abandoned elderly people, mistreated or even mistreated by those who were supposedly responsible for them. This kind of situation, which may even result in injuries, is susceptible to civil liability; that is, negligence in the performance of duties in elderly residences and retirement homes may not only lead to an investigation of the facts and the adoption of corrective measures, but also to possible compensation. Falls, a lack of hygiene, the lack of follow-up in some homes is becoming one of the problems we have not been able to solve as a society.

The lack of attention to our elderly by public or private homes can give rise to different actions, all of which lead to re-establishing the best living conditions for those relatives we most want or trying to repair the damage caused.

At Belzuz Abogados SLP we have a team of lawyers with extensive experience in following up on liability cases for lack of adequate care in senior residences, homes and palliative care providers.

 

More information about the Medical Liability department | (Spain)


INTERNATIONAL VOCATION

InsuraLexWith a clear international vocation Belzuz Abogados España and Portugal belongs since 2002 to Insuralex (Global Insurance Lawyers Group), an international league of law firms specialized in insurance law, with partners in Europe, USA, Canada and Brasil. Insuralex was born with the aim to facilitate the insurance claims as a consequence of the economical globalization, and it is currently present in 20 jurisdictions and with growing spirit.

 

Madrid

Belzuz Abogados - Madrid office

Nuñez de Balboa 115 bis 1

  28006 Madrid

+34 91 562 50 76

+34 91 562 45 40

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Lisbon

Belzuz Abogados - Lisbon office

Av. Duque d´Ávila, 141 – 1º Dtº

  1050-081 Lisbon

+351 21 324 05 30

+351 21 347 84 52

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Oporto

Belzuz Abogados - Oporto office

Rua Julio Dinis 204, Off 314

  4050-318 Oporto

+351 22 938 94 52

+351 22 938 94 54

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Medical negligences Portugal

+351 968559667

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