What medical negligence is and how it is proved
Medical negligence is harm caused by healthcare that did not meet what should have been done. We are not talking about the outcome simply turning out badly —medicine does not guarantee a cure— but about there having been a failing in the conduct of the professional or the centre.
The key lies in the lex artis: the set of rules and protocols that a diligent professional would have followed in your situation. When the care departs from that standard and causes you harm, the right to claim arises.
For the claim to succeed, three things must be established: that there was malpractice, that you have suffered real harm and that there is a causal link between the two. That link is, very often, the hardest thing to prove, which is why the medical expert report is essential. It is also crucial to have the full medical records, which you have the right to request.
Public or private healthcare: route and deadline
The path to claim depends on where the harm occurred.
If it was in public healthcare, the claim is directed against the Administration: it is a claim for financial liability (responsabilidad patrimonial), which may later end up in the administrative-litigation route. If it was in private healthcare, the claim is brought against the centre, the doctor or their insurance company, usually through the civil route (art. 1902 of the Civil Code).
As for the deadline, it is one year, both in public and in private healthcare. But that year does not run from the medical act, rather from when the after-effects stabilise or the definitive extent of the harm becomes known. Correctly determining when that deadline starts to run is decisive: getting it wrong can leave your claim out of time. If the harm has left you with after-effects, it is also worth reviewing how injuries are assessed.
Why choose BBM Abogados
Since 1990 we have supported the families of Santander and Cantabria in sensitive matters, and a medical negligence claim is one of them. We know that behind every case there is a person who has suffered harm and needs clear answers, not empty promises.
We work with an approachable manner and rigour. We study your case honestly: if it is viable, we defend it with every means; if it is not, we tell you from the outset so that you do not waste time or money. We rely on trusted medical experts to build each claim on a firm technical footing, and we coordinate the whole process, from the medical records to the negotiation with the insurer or the Administration.
This area forms part of our practice in civil law, where we defend the interests of private individuals and families throughout Cantabria.
We assess the first consultation with no obligation. You can call us on 942 36 10 48 or tell us about your case with no obligation through the form.
