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And if cases of professional negligence are by nature unpleasant, these are even worse because they involve people's health. In these cases it is best to cross your fingers and hope the damage is as minor as possible. Superstitious spells aside, there are various legal tools for addressing this kind of conduct.

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Besides seeking a criminal or civil lawsuit, patients can file claims with organisations ranging from the Medical Association to the Patient's Ombudsman.

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Spain's new penal code did away with the image of impunity that doctors used to enjoy. Under the reforms, it is now doctors that have to pay damages when they are convicted of malpractice. Before, it was up to the state. But statistics show that in 99 percent of cases, the claims are rejected.

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Patients who feel they have suffered medical malpractice should follow a series of tips so their complaints will have an effect and they can receive damages, although in many cases the physical damage is irreparable because it has to do with health.

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The first job is to gather all the data and evidence that prove to the authorities that there was in fact medical negligence.� Under a law passed in 1999, people in Spain who feel they have been victims of negligence in a state-owned hospital must file their complaint in a criminal or administrative court.

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You must choose one of the two. And in both cases the prospects for success are grim. The courts tend to favour doctors in the criminal cases, while in the administrative realm the process is expensive, slow and often ends in failure. In general, a criminal case is sought in event of death or serious injury to a loved one. For less serious cases, civil proceedings are more common. But the plaintiff must remember if he or she loses, they must pay court costs. And these can be high because the trials are long and involve appeals.

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The Association for Patients Rights says that when you file a complaint be sure which doctor is directly responsible for the medical error because it is not a good idea to report the entire medical team. Along with the doctor you should sue the clinic, hospital or insurer. In this way, if the doctor does not answer you will still see the sentence carried out, assuming you've won. You should also know that if the judge throws out the case on the basis of a coroner's report that the plaintiff does not agree with, the plaintiff's lawyer can reject the report and ask for another one from a different coroner. Finally, if it is shown during a trial that if the judge did not act impartially, you can file a complaint with the General Council of the Judiciary, a watchdog body. Or you can report the judge, who, like any citizen, is liable to all kinds of criticism and complaints, the association says.

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Complaints filed to the Medical Association for it to begin an investigation of the physician in question should be filed to the chapter of the province you live in. In any case you can always send a copy of the complaint to the General Council of the Medical Association. If the malpractice occurred in a private hospital, you must send the complaint there and to its insurer, although you can also send one to health department of whatever region you live in or the Health Ministry of the central government.