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Guides · CONCORDIA LEGAL

Medical negligence in Spain: public and private healthcare claims

The care arrangement may change the procedure, responsible organisation and deadline. Identify how you received treatment before choosing a route.

Identify the care arrangement

Record centre, dates and whether treatment was public, private or provided through an insurer. A privately owned building alone does not establish liability. Keep referrals, authorisations and invoices.

Harm does not alone prove negligence

The adequacy of care and its link to the harm must be assessed. Clinical records, progression and independent medical opinion may be decisive. A recognised complication alone neither proves nor excludes liability.

Public healthcare

A public-authority liability claim may be required, followed where appropriate by administrative court proceedings. Article 67 of Law 39/2015 provides a general one-year period; for physical or psychological injury it runs from recovery or determination of the extent of lasting effects. The specific dates need assessment.

Private care

A civil claim may apply, with review of contracts and insurance. Do not automatically use the administrative deadline: cause of action, contractual relationship and applicable law may change the calculation.

Your first enquiry

Give the general concern, centre and dates without detailed medical data in the form. We will agree how to review records and whether an expert is needed. Do not wait for every report if a deadline is approaching.

Download PDF checklist

General information. The lawyer reviews your case, documents and deadlines before proposing action.

Official legislation reference · View service

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