Compensation for Medical Negligence: How It Is Calculated in Spain

Calculating compensation for medical negligence requires combining legal and medical criteria. In practice, personal and property damages are quantified based on expert reports, and legal rules and established jurisprudential criteria are applied.

At GVC Abogados (García Valcárcel & Cáceres), based in Murcia, we integrate lawyers and medical experts to obtain a solid, realistic, and defensible assessment.

Legal framework of reference

The legal basis for liability for medical negligence can be:

• Civil liability (art. 1902 CC and, where applicable, contractual), applicable to private centres and professionals.
• Liability of the Health Administration (art. 32 of *Ley 40/2015* (Law 40/2015)), when the damage arises from assistance in the public system.
• Potential criminal liability in serious cases (does not directly affect the civil calculation except to specify damages).

To quantify personal damages, courts employ by analogy and as a guideline the valuation system of *Ley 35/2015* (Law 35/2015) (reform of the traffic scale), a criterion reiterated by the jurisprudence of the Supreme Court. It is not automatic or binding, but it provides objectivity, coherence, and security.

Compensable concepts: what is included

Personal damages (non-property)

• Basic personal injury for days of healing or stabilization (medical leave).
• Particular personal injury for days of moderate, severe, or very severe injury.
• Sequelae: assessed in medico-legal points, with correction factors for age, functional impact, occupation, etc.
• Aesthetic damage: mild to very severe, assessed specifically.
• Complementary moral damage: for loss of quality of life, psychological pain, or singular impact.
• Loss of fetus or damages due to lack of informed consent, when applicable.

Property damages

• Emergent damage: medical, pharmaceutical, rehabilitation expenses, travel, future assistance, orthopaedic devices.
• Loss of earnings: income not received during medical leave and in the future if there are permanent limitations.
• Need for a third person: hours of assistance for basic daily living activities, temporary or permanent.
• Adaptation of housing and vehicle in severe injuries.

The Scale of *Ley 35/2015*: use by analogy

The Scale sets tables and criteria for assessing bodily injuries in traffic accidents. In medical negligence cases, it is used as a guideline for:

• Calculate days of loss (basic and particular) from the event until the stabilization of sequelae.
• Assess sequelae in points and convert them into amounts considering age and functional impact.
• Objectify aesthetic damage, moral harm, and third-party support.
• Estimate lost earnings based on net income, professional projection, and limitations.

This use does not prevent adjustments for health-related particularities: technical complexity, pre-existing pathologies, inherent risks of the medical act, or lack of informed consent.

Loss of opportunity: quantify the “what would have happened”

In cases where negligence reduces the probabilities of healing or a better outcome, without being able to assert the outcome with certainty, the doctrine of loss of opportunity applies. A percentage of the total damage is compensated, proportional to the frustrated probability (for example, if there was a real 30% chance of success, the compensation is adjusted to that 30% of the final damage). This approach requires rigorous medical expertise and is often applied in diagnostic delays and relevant informational failures.

Practical calculation method: key steps

• Delimitation of damage: complete medical history, diagnostic tests, evolution, and discharge upon stabilization.
• Causal link and reproach: expert report assessing the practice according to *lex artis* (standard of care) and linking the damage to the error or omission.
• Quantification by concepts: days of loss, sequelae, and aesthetic damage (Baremo), accredited expenses, need for assistance, and adjustments.
• Lost earnings: calculation based on net income, reasonable expectations, and functional limitations.
• Interests and updates: legal or default interests depending on whether a claim is made against the insurer (*art. 20 LCS*) or Administration; update to the current table on the date of stabilization or judgment, according to applicable criteria.
• Reductions for concurrent faults or inherent risks where appropriate, always justified.

Civil route and contentious-administrative route: practical differences

• Private sphere (civil): claim against the professional/centre and their insurer. Default interests from the insurance if there is relevant delay.
• Public health (contentious-administrative): prior claim before the Murcian Health Service and, if applicable, contentious appeal. Legal interests from the claim and public criteria for patrimonial liability.

Essential documentation

• Complete medical history, informed consents, and discharge sheets.
• Expert medical reports specialized in the specific subject matter (oncology, traumatology, obstetrics, etc.).
• Proof of expenses, payroll, tax returns, and evidence of the work impact.
• Evidence of before and after for aesthetic damage and loss of quality of life.

Deadlines and Interests: Impact on the Amount

• Claim deadlines: can expire in 1 year (extracontractual or patrimonial) or 5 years (contractual), depending on the case. Consulting as soon as possible prevents loss of rights and facilitates better quantification.
• Interests: delay in payment increases compensation. In private insurance, the late payment interest from art. 20 *LCS* (Law on the Regulation of Insurance Contracts) may apply; against the Administration, the legal interest from the claim.

Frequent Errors that Reduce Compensation

• Not requesting the complete medical history or preserving evidence from the outset.
• Generic or insufficiently specific expert reports in the affected medical specialty.
• Forgetting future expenses: prolonged rehabilitation, technical aids, housing adjustments, or support from a third party.
• Not proving net income and expectations for lost profits.
• Confusing liability for results with *lex artis*: there are inherent risks that do not generate compensation if the action was correct.

Indicative Example of Calculation

A diagnostic delay that exacerbates sequelae can be quantified by adding: days of harm (basic and particular), sequelae valued in Baremo points with a factor for age, aesthetic harm if it exists, medical expenses and travel, temporary third-party assistance, plus lost profits if the limitation affects work. If there is a loss of opportunity, a percentage is applied to the amount of the attributable sequelae. All of this, with interest from the claim and updated to current tables.

How GVC Abogados in Murcia Helps You

Since 1998, our team at GVC Abogados (García Valcárcel & Cáceres) combines lawyers, legal experts, and medical experts to assess viability, quantify rigorously, and claim the compensation that corresponds. Our process includes: prior analysis of the case, obtaining the medical history, specialized expert report, and processing the claim or lawsuit in the appropriate jurisdiction (civil or contentious-administrative).

We are located at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. If you are looking for lawyers in Murcia with a track record in medical negligence, we provide close and honest advice, with a robust expert approach to maximize compensation.

Local SEO and Complementary Areas

In addition to medical negligence, our firm advises on civil liability and insurance, obligations and contracts, real estate law, commercial and inheritance law, civil and commercial mediation, as well as family law and inheritances. If you need family law lawyers or inheritance lawyers with a practical approach in Murcia, you can count on our multidisciplinary team.

Frequently Asked Questions

Is it mandatory to apply the Traffic Baremo?

No. In medical negligence cases, it is used as a guideline due to its objective utility, but it can be adjusted to the accredited health particularities.

What weight does the medical expert report carry?

It is decisive. It proves the infringement of the *lex artis* (standard of care), the causal link, and the amount of damages (days, sequelae, support, future expenses, and loss of opportunity).

Can I claim if I signed the informed consent?

Yes, as long as there was negligent conduct or the consent was not complete, understandable, or specific about relevant risks.

When is it advisable to initiate the claim?

As soon as possible. The deadlines can be short, and the prompt acquisition of medical history and evidence improves the quantification and defense.

Conclusion

The key to accurately calculating compensation for medical negligence is a rigorous expert report and the prudent application of the *Baremo de la Ley 35/2015* (Scale of Law 35/2015) as a reference, adding all compensable concepts and interest. At GVC Abogados, we accompany you from start to finish to ensure that the outcome is fair, complete, and sustainable in court.