Medical malpractice

The Spanish Ministry of Health, Consumer Affairs and Social Welfare, in compliance with the objective of improving the quality of the health system as a whole as provided for by Law 16/2003 on Cohesion and Quality of the National Health System, has put patient safety at the centre of health policies, as one of the key elements for quality improvement.

Why Eskariam?

Because our lawyers, who are specialised in Medical Law, analyse each medical malpractice case in a strictly professional and objective manner, to provide you with a clear and realistic response. They will defend your case with all available legal resources, alongside the support of specialists in medical investigations in an effective, transparent and rigorous manner. We study the feasibility of your case completely free of charge.

What is the deadline?

The procedure is different depending on whether it involves a public hospital or a private centre:

In health centres and public hospitals: The deadline for making a claim through administrative proceedings is one year from the provision of the service, from treatment or from when the effects have been determined. Remember that this period starts from the time the events occurred or from their ultimate consequences.

For private centres (hospital, clinic or private practice): deadlines ranging from one year up to five years can be generally established, and can even go up to 15 years.

If you have suffered any medical malpractice, we recommend making an appointment with an expert as soon as possible to analyse your case, to find out your rights and to be guided on the best decision to be made.

What do I need to initiate this?

We once again wish to distinguish between the Public Health Service and private centres.

Public centres often have a patient care service where you can do things such as file a claim and request your medical records (which can also be obtained in digital format along with the documents and reports that are recorded in your file). It is particularly important to clearly describe the events and the damage caused in the claim that you file.

At private centres, you will need to firstly request your medical records to subsequently file an extrajudicial summons, and in case of failure to reach a solution, file the corresponding lawsuit. It is very important to emphasise how the events stated in the first claim will affect the rest of the procedure and any subsequent lawsuit that may be filed. We therefore recommend consulting with a professional lawyer if this involves a medical malpractice case before initiating any action in order to be able to defend your rights in the best way possible.

What are medical records?

This is basic and essential information to analyse and present your claim in the case of medical malpractice.

It contains the informed consent you would have signed, the name of all physicians and practitioners that have dealt with your, as well as any tests undertaken.

Please bear in mind that according to Law, you are entitled to be able to access and obtain a copy of your medical records, which must be safeguarded by the centre that was attending you.

Can we help you?

Free feasibility study and consultation. We take care of the whole process. We only charge if you win.