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Best Medical Malpractice Lawyers in Murcia: A Practical Guide for Making the Right Choice

March 30, 2025·by García-Valcárcel & Cáceres·7 min read
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Choosing the best medical negligence lawyers in Murcia is crucial to defend your rights in the event of health damage, whether in public healthcare (Servicio Murciano de Salud) or in private centres.

In this guide, I explain objective selection criteria, legal keys that affect your claim, and why GVC Abogados (García Valcárcel & Cáceres) is a solid option if you seek experience, technical rigor, and close attention.

Criteria for choosing the best medical negligence lawyer

  • Proven experience and real cases: prioritise firms with a verifiable track record in medical negligence, including contentious-administrative and civil procedures. Practical experience with hospitals and insurers accelerates the case and improves success options.
  • Multidisciplinary team: in medical negligence, expert testimony is key. Opt for firms that work with medical experts from various specialties (surgery, gynaecology, traumatology, anaesthesia, internal medicine, etc.) and that include specialised lawyers.
  • Methodology and feasibility analysis: require a documented initial assessment, identification of the causal link, and a plan of evidence. Initial prudence avoids unfeasible claims and unnecessary costs.
  • Knowledge of the applicable legal framework: your lawyer must master public health liability (public sector), civil liability contractual and extracontractual (private sector), as well as health regulations (informed consent, medical history).
  • Procedural strategy and deadlines: comparing routes (prior administrative claim, civil lawsuit, or, in exceptional cases, criminal) and correctly calculating limitation periods is essential.
  • Transparent fees: request a cost structure, provision of funds, and inclusion of expert costs. Avoid surprises.
  • Communication and support: a good lawyer clearly explains scenarios, risks, and timelines; assists you in document gathering and manages expectations.

Essential legal framework in medical negligence in Spain

Public health liability (public sector)

For care provided in public healthcare, the claim is articulated through the route of public liability. The right to claim generally prescribes one year from when the event occurred or from the manifestation of its harmful effects; in personal injury cases, the period is counted from the recovery or the determination of the extent of the sequelae. The administrative procedure must be resolved within six months and, as a general rule, administrative silence is dismissive. After the administrative route, one can resort to contentious-administrative jurisdiction.

Civil liability in private healthcare

In private healthcare, two regimes may apply:

  • Contractual civil liability: general limitation period of five years since the reform of the *Código Civil* (Civil Code) in 2015.
  • Extracontractual civil liability (art. 1902 CC): general limitation period of one year from when the injured party becomes aware of the damage.

The choice of the channel depends on the legal relationship with the centre or professional and the available evidence. In practice, claims are made against the civil liability insurance of the centre or the professional.

Informed consent and medical history

  • Informed consent: the patient must receive understandable, sufficient, and appropriate information regarding the procedure, with documentation in the consent form in legally provided cases. The lack of consent does not automatically imply malpractice, but it may generate liability for violation of the right to information and affect causal analysis.
  • Access to medical history: every patient has the right to access and obtain a copy of their medical history without undue delay. It is a fundamental piece of evidence in medical negligence cases.

Criteria for quantifying damage

Compensations for personal injuries are usually quantified by analogy with the *Baremo de Tráfico* (Traffic Scale) (Law 35/2015), widely used by jurisprudence to assess sequelae, disability, moral damage, loss of earnings, moral damage to relatives, need for third-party assistance, prosthetics, and future rehabilitations, among other concepts.

Most common types of medical negligence

  • Diagnostic errors or delayed diagnosis that worsen the prognosis.
  • Avoidable surgical complications due to violation of the *lex artis* (standard of care).
  • Lack of information or defects in informed consent.
  • Nosocomial infections due to failures in asepsis and control protocols.
  • Delays in urgent tests or treatments.
  • Unmonitored adverse reactions or medication errors.

How a specialized law firm works: GVC Abogados method

GVC Abogados (García Valcárcel & Cáceres) is a firm from Murcia with a tradition since 1946 and active specialization in medical negligence since 1998. Its symbol, the lion, represents values of nobility understood as clarity, honesty, generosity, and enlightenment; axes that guide its actions alongside experience, trust, and quality.

Team and approach

  • Specialized lawyers and jurists coordinate the case with medical experts relevant to each specialty.
  • Solid and prudent evidential approach: progress is only made when viability is documented.

Typical claims process

  • Feasibility analysis: initial consultation and preliminary study of deadlines and strategy (public/private).
  • Obtaining clinical documentation: complete request for the medical history and supplementary tests.
  • Expert report: commission to independent experts to assess the *lex artis* (standard of care), the causal link, and the consequences.
  • Prior claim and negotiation: communication with the Administration or insurer; attempt at agreement.
  • Court claim: contentious-administrative or civil route, as appropriate.

What to ask in your first meeting

  • Legal and medical feasibility of the case: strengths and risks.
  • Statute of limitations and strategy to interrupt deadlines if necessary.
  • What documentation to provide: reports, evidence, emergency reports, sick leave, expenses, photographs, etc.
  • Expert costs and fees: phases, provisions, and cost scenarios.
  • Indicative estimate of compensation according to the applicable *Baremo* (compensation scale).

Common mistakes that can ruin a claim

  • Missing deadlines: one year for liability claims, and in civil matters, up to five or one depending on the type of action.
  • Not requesting the complete medical history in time.
  • Not keeping receipts for expenses, sick leave, and periodic progress reports.
  • Initiating legal proceedings without solid expert evidence or with poorly specialized reports.

Why GVC Abogados stands out in Murcia

  • Over 25 years dedicated to medical negligence and decades of practice in private and public law.
  • Multidisciplinary team with medical experts and rigorous evidentiary methodology.
  • Close attention, prudent analysis, and clear communication at every stage.
  • Office located in the centre of Murcia: Plaza Fuensanta, 3 – 6ºB, 30008 Murcia.

Frequently asked questions

How long does a procedure take?

The administrative route for liability claims provides a maximum period of six months to resolve, although it is often exceeded and the silence is deemed negative. Judicial processes can last from 12 to 24 months or more depending on workload and expert complexity.

Do I need an expert report?

In practice, yes. Medical expert evidence is almost essential to prove a breach of the *lex artis* (standard of care) and the causal link.

What can I claim?

Personal damages (injuries, sequelae, disability), moral damages, economic losses (loss of earnings and consequential damages), future healthcare and assistance expenses, home adaptations, need for third-party assistance, and damages to family members, according to the applicable *Baremo* (compensation scale) and case law.

Quick checklist for choosing a medical negligence lawyer in Murcia

  • Real specialization and cases won in recent years.
  • Network of medical experts by specialties.
  • Clear plan of timelines and strategy (public/private).
  • Transparent fees and forecast of expert costs.
  • Fluid communication and periodic reporting.

Other legal services from GVC Abogados in Murcia

In addition to medical negligence, GVC Abogados provides comprehensive advice in Private and Public Law. If you are looking for trusted lawyers in Murcia, we have specialized teams in:

  • Family law lawyers: divorces, custody, pensions, modifications of measures, and family mediation.
  • Inheritance lawyers: estate planning, wills, partitions, legitimate shares, and inheritance litigation.
  • Traffic accidents, civil liability and insurance, real estate and commercial law, obligations and contracts, immigration, administrative and criminal law.

Contact GVC Abogados

If you have suffered a possible medical error, do not miss the deadlines. Request a viability assessment with GVC Abogados (García Valcárcel & Cáceres) at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. We will help you obtain the medical history, assess the case with experts, and define the most effective strategy for your claim.

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