Medical Negligence Lawyers in Barcelona, Ibiza and Cádiz

We review your medical records with the support of medical experts before taking any steps. If there are no grounds for a claim, we will tell you honestly.

Yes. We are a law firm specialising in medical negligence and other personal injury claims, with offices in Barcelona, Ibiza and El Puerto de Santa María (Cádiz). We also help clients, including foreign nationals, who have suffered medical negligence anywhere else in Spain, in person or remotely.

Medical negligence (also called clinical negligence) is harm caused to a patient because the medical care they received fell below the standard of care required by law — for example, through a misdiagnosis, a delayed diagnosis, a surgical error, or a failure to provide the necessary treatment. Not every poor outcome amounts to medical negligence: it depends on whether the treatment breached the required standard of care.

It varies depending on the complexity of the case, whether the claim is against the public or private healthcare system, and whether it is possible to reach a settlement or the case needs to go to court. Straightforward cases can settle in a matter of months; the most complex ones, particularly those involving court proceedings, can take considerably longer. We give you a realistic timeframe once we have reviewed your case.

Yes. Whether the treatment was provided privately, through a health insurance mutual scheme, or through the public health system, if the harm results from a breach of the lex artis, you may be entitled to compensation.

Time limits are limited and depend on the circumstances of each case. It is best to seek advice as soon as possible.

Not every adverse outcome or medical complication amounts to negligence. To know whether there are grounds for a claim, it is necessary to assess whether the medical treatment met the lex artis — that is, the standard of care required in the specific circumstances of the case — whether harm was caused, and whether there is a causal link between that treatment and the harm suffered. That is why we carry out a prior medical and legal viability review before recommending that you bring a claim.

The documentation required depends on each case, but we will usually need the complete medical records, A&E reports, records of consultations, admissions and discharges, diagnostic tests, procedures carried out, informed consent forms, and any other document relating to the treatment and its aftermath. After an initial assessment, we will tell you exactly what documentation is needed and, if anything is missing, how to request it.

Time limits for claiming vary depending on the circumstances of the case, including whether treatment was provided in the public or private healthcare system, and which legal action applies. Determining when the time limit begins to run may also require assessing how the injuries progressed and stabilised. That is why, if you believe you have suffered medical negligence, it is important to look into both the viability and the applicable time limit as soon as possible.

In many medical negligence claims, the involvement of a medical expert is essential. The lawyer assesses the legal viability of the case and leads the claim, but determining whether the treatment met the lex artis, and establishing the link between that treatment and the harm suffered, usually requires a specialist doctor. That is why we work with experts and medical specialists suited to the particular features of each case.

There is no fixed amount: compensation depends on the injuries, after-effects, recovery time, financial losses and, in the most serious cases, future care needs. We can give you a realistic estimate once we have reviewed your medical records and the harm suffered.

Compensation is assessed individually based on the harm the negligence has caused to each person. Although Spain's road traffic accident compensation scale does not generally apply as a matter of law to medical negligence, it is commonly used as a reference for valuing personal injury. Spanish Law 35/2015 itself refers to this system as a point of reference for valuing harm arising from healthcare. Compensation takes into account, among other things, recovery time, physical and psychological after-effects, aesthetic harm, surgical procedures, loss of quality of life, the need for assistance from a third person, and expenses arising from the injuries. Financial losses, such as loss of earnings or capacity to work, may also be claimed. In the event of death, the personal and financial harm suffered by the family is assessed. Because of this, two apparently similar cases of medical negligence can result in very different levels of compensation, depending on the victim's age, the severity and duration of the injuries, the after-effects, their personal and professional circumstances and, above all, what harm can be proven as a consequence of the negligence.

Before starting a claim, we carry out a viability review to determine whether there are sufficient medical and legal grounds to proceed. These cases may also require medical specialists and experts, whose cost will depend on the particular features and complexity of the case. Once viability has been assessed, we explain the strategy, our fees and any possible costs to the client before deciding whether to proceed with the claim.

Yes. When medical negligence causes, or contributes to causing, someone's death, their family may be entitled to claim for the harm arising from that loss. This requires establishing both the liability of the healthcare provider and its link to the death, as well as the personal and financial harm that can be compensated in each case.

Yes. Spanish law does not require Spanish nationality or residency to bring a medical negligence claim. If the negligence occurred in Spain — whether you were visiting, working or living here — you are entitled to the same compensation as a Spanish national, regardless of your nationality or where you live now.

Yes. We have represented foreign clients in medical negligence claims on several occasions, including cases where the client had already returned to their home country by the time the claim was resolved. We keep in touch by phone, video call and email throughout the case.