Medical Liability and Malpractice: How to Claim in Spain 2026
Complete guide to medical malpractice claims in Spain: civil, criminal and patrimonial routes. Causal link, lex artis, healthcare scale and limitation periods.
# Medical Liability and Malpractice: How to Claim in Spain 2026
Medical liability is one of the most technically demanding areas of Spanish civil and criminal law. Claiming for healthcare malpractice requires proving the professional's fault, the harm suffered, and the causal link between the two.
Legal grounds for medical liability
Claims can follow three routes:
- Civil route (Art. 1902 CC): extra-contractual liability for fault or negligence. Limitation period: 1 year from when the claimant knew of the damage and who was responsible (Art. 1968 CC).
- Administrative patrimonial route (Law 39/2015 + Law 40/2015): for public centres (NHS hospitals). Period: 1 year from the harmful event or from knowledge of its extent.
- Criminal route (Arts. 142, 152 CP): offences of negligent homicide and injuries by gross or minor negligence. Compatible with civil action for civil liability arising from the offence.
The lex artis standard
The central criterion is the lex artis ad hoc: a doctor is liable when their conduct deviates from what is expected of a professional in their specialty under the same circumstances. An adverse outcome alone is not sufficient; negligence must be proved.
The causal link: the hardest element to prove
The STS of 5 January 2007 consolidated the doctrine of loss of chance: when medical negligence deprives the patient of a real probability of cure or survival, the compensable damage is that lost probability (not the final outcome). The percentage of probability lost determines the compensation amount.
Limitation periods
| Route | Period | Legal basis |
|---|---|---|
| Civil (Art. 1902 CC) | 1 year from knowledge of damage | Art. 1968 CC |
| Public patrimonial | 1 year | Art. 67 Law 39/2015 |
| Criminal | Variable by offence (3–10 years) | Art. 131 CP |
| Liability insurance | 2 years | LCS |
Lexiel helps civil and criminal lawyers find Supreme Court case law on lex artis, loss of chance and damage quantification in medical liability cases, and draft claims and statements of case with verified citations.
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