How to Claim Medical Negligence in Murcia Step by Step?

If you suspect that you have suffered medical negligence in Murcia, it is crucial to follow a clear itinerary, respect legal deadlines, and rely on an experienced team. At GVC Abogados (García Valcárcel & Cáceres), we have been defending patients' rights since 1998, combining lawyers, legal experts, and medical experts to maximise the chances of success.

What is medical negligence and what is lex artis?

Medical negligence occurs when a healthcare action or omission deviates from lex artis (the required technical standard in clinical practice), causing harm that the patient had no legal duty to endure. Common examples include: diagnostic errors, unjustified delays in tests, avoidable nosocomial infections, interventions without adequate informed consent, or failures in postoperative follow-up.

Claims avenues in Murcia: public, private, and criminal

Public healthcare (Servicio Murciano de Salud – SMS): claims are made for patrimonial liability against the regional administration in accordance with *Ley 40/2015* (Law 40/2015) and the procedure outlined in *Ley 39/2015* (Law 39/2015).
Private healthcare: claims are made for civil liability (contractual and/or non-contractual) against the centre or professional. Direct action against the insurer is possible (*art. 76 LCS* - article 76 of the Insurance Contract Law).
Criminal avenue: when there are indications of serious negligence resulting in injury or negligent homicide. This is exceptional and requires rigorous assessment.

Step 1. Gather evidence and request your medical history

Request your complete medical history (reports, analyses, imaging tests, informed consent, surgical report, and discharge summary). You have the right to access this under *Ley 41/2002* (Law 41/2002) (art. 18) and to receive sufficient information to consent (art. 8).
Keep prescriptions, medical leave, invoices, emails, and any communication with the centre or the insurer.
Note dates, intervening professionals, and involved centres. If there were witnesses, gather their details.

Step 2. Carefully calculate the prescription deadlines

Public healthcare (SMS): the general deadline is 1 year to claim patrimonial liability. The counting begins from the cure or the stabilisation of the sequelae, from the death in case of fatality, or from when the ongoing harm ceases.
Private healthcare: the non-contractual action prescribes after 1 year and the contractual action after 5 years (following the 2015 reform). Determining whether the case is contractual or non-contractual requires technical analysis.
The submission of claims and certain acts can interrupt the prescription. Seek advice before sending documents.

Step 3. Obtain a solid medical expert report

The medical expert report is the evidentiary axis: it analyses the lex artis, the causal link and quantifies the damage. At GVC Abogados, we work with specialists in various disciplines (obstetrics, traumatology, emergencies, oncology, etc.) to assess the viability of the case.

Step 4. Assess damages and compensation

Personal damages: temporary injuries and sequelae, loss of opportunity, moral damage to relatives in serious cases or in the event of death.
Emergent damage and loss of earnings: medical expenses, pharmaceutical costs, adaptation of housing/vehicle, loss of income.
Compensation reference: in practice, courts analogously use the Scale of Law 35/2015 to quantify personal health damages, adapting it to the case.

Step 5. Submit the claim

Public health (Murcia): submit a written claim for patrimonial liability to the Murcian Health Service/Department of Health via registration or electronic headquarters of the CARM. Attach medical history, expert report and financial documentation. Explicitly request the claimed amount.
Private health: extrajudicial claim to the centre/professional and their insurer, and if there is no agreement, civil lawsuit before the corresponding Court in Murcia. Direct action can be exercised against the insurer.

Step 6. Processing and deadlines in the administrative route

The Administration will instruct the file (inspection reports, hearing, proposal for resolution).
The maximum deadline for resolution is usually 6 months. If this period elapses without a resolution, the negative silence applies, which enables one to resort to the contentious-administrative route.

Step 7. Judicial claim and appeals

Contentious-administrative (public health): if there is an express dismissal, you have 2 months to file a claim before the Courts of Contentious-Administrative in Murcia; if there is silence, the deadline is 6 months from when it occurred.
Civil (private health): the claim is filed before the Courts of First Instance in Murcia. The insurer can be sued directly.
In both jurisdictions, appeals are available as appropriate (appeal, and if applicable, cassation).

Frequently asked questions in Murcia

Who can claim? The patient and, in the event of death, the heirs and affected family members.
What happens if I do not have informed consent? The lack or deficiency of consent may generate liability if there was a foreseeable risk that was not disclosed and the damage arises from it.
Can I mediate or negotiate? Yes. In many cases, an agreement is reached with the Administration or the insurer before the trial.

Errors to avoid

Letting the 1-year period pass without interrupting the statute of limitations.
Claiming without a solid expert report and without the entire medical history.
Incorrectly quantifying the compensation or failing to document the economic damage.
Sending documents that do not interrupt deadlines or that harm the evidentiary strategy.

How GVC Abogados helps you in Murcia

At GVC Abogados, we combine tradition and legal technique since 1946, with over 25 years of specific dedication to medical negligence in Murcia. Our multidisciplinary team (lawyers, legal experts, and medical experts) follows a clear process: viability, obtaining clinical documentation, medical expertise, and processing the claim through the appropriate channel (administrative, civil, or criminal).

Initial analysis and strategy guidance without commitment.
Obtaining medical history and reviewing informed consent.
Specialty expert reports and quantification of damage.
Submission in the electronic headquarters of the SMS or filing a claim before the courts of Murcia.
Negotiation with insurers and technical defense in court.

We are located at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. If you are looking for lawyers in Murcia with proven experience in medical negligence, we can help you.

We also advise you on family and inheritance matters

In addition to health liability, our firm excels in family law and successions. If the medical damage has generated financial or personal consequences that affect your inheritance or family law measures, we integrate the complete strategy. We are your team of family law lawyers and inheritance lawyers in Murcia.

Quick checklist for your claim

Request and keep all your medical history.
Note key dates (discharge, stabilization of sequelae, death) for the calculation of the year.
Order an independent medical expert report.
Decide the route: SMS liability or civil/insurer.
Submit a complete claim by registry or electronic headquarters.
Monitor deadlines: 6 months for resolution in the administrative route; 2 months (express act) or 6 months (silence) to file a lawsuit in contentious matters.

Legal Notice and Regulatory References

This content is informative and does not constitute legal advice. Key regulations: *Ley 41/2002* (Patient Autonomy: clinical history and informed consent), *Ley 40/2015* (Liability for Damages), *Ley 39/2015* (Administrative Procedure: deadlines and silence), *Ley 35/2015* (Indicative Scale of Personal Damages) and applicable civil/insurance regulations.

Contact GVC Lawyers

Tell us your case and we will assess its viability. We serve the entire Region of Murcia and coordinate with reference medical experts. Your defence, with experience, trust, quality, and the nobility symbolised by our lion.