Malaga hospital payout: Woman wins 69,000 euros after 'negligent' elbow diagnosis delays surgery

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The 57-year-old suffered life-altering pain and osteoarthritis after Hospital El Clínico doctors missed a fracture and treated it as a simple dislocation

Friday, 6 February 2026, 14:28

A woman from Malaga has been awarded more than €69,000 (£58,000) in compensation after a "catastrophic" diagnostic error by the Andalusian Health Service (SAS) left her with permanent disabilities.

The 57-year-old victim suffered a fall at her home in June 2017, severely injuring her elbow.

However, doctors at the Hospital Universitario Virgen de la Victoria (El Clínico) initially misdiagnosed the injury as a simple dislocation, failing to spot a radial head fracture that was clearly visible on X-rays.

Despite returning to the emergency department a week later complaining of excruciating pain, a massive haematoma, and an inability to move her hand, the patient was forced to wait 24 days for surgery.

The legal ruling confirmed the woman suffered what is known in trauma medicine as the "terrible triad" of the elbow - a complex fracture - dislocation that requires immediate surgical intervention.

Instead, the hospital provided "insufficient immobilisation," leading to four separate operations to correct the damage. She still suffers long-term pain.

The court upheld the woman’s complaint, stating the X-rays were "clear" and the hospital had failed to provide the urgent care required.

The claimant’s lawyer hailed the ruling as a landmark for patient rights in the region. "This is a key precedent in Andalusia regarding diagnostic errors in trauma emergencies," he said. "The SAS must guarantee rigorous protocols to avoid irreversible damage. Failures in emergency trauma units are far too frequent."

Carmen Flores, President of the 'Patient’s Defender' association, also welcomed the judgement, adding: "This case shows how medical negligence—initial errors, delays, and poor reconstructions—destroys lives. We demand greater diligence from the health service to protect patients in Andalusia."

After the trial, the complainant's lawyer stated: "This ruling is a key precedent in Andalucía on diagnostic errors in trauma emergencies and delays that aggravate injuries. The Sas must guarantee rigorous protocols to avoid irreversible sequelae in vulnerable patients, as failures in trauma emergencies are very frequent."

President of 'El Defensor del Paciente' Carmen Flores also celebrates the ruling. "This case shows how negligence in traumatology - initial errors, delays and poor reconstructions - destroys lives, which is why we demand greater control systems and diligence from the Sas to protect the rights of patients in Andalucía," she said.