Errors in medical or healthcare procedures are becoming increasingly common. If such errors are verified, they may give rise to liability on the part of healthcare professionals and/or institutions, whether public or private, in addition to the tragic consequences of these erroneous actions for the patients who suffer them and their families.

The legal regime governing this liability, which we will refer to as ‘medical’ liability, differs depending on whether the care was provided in a public or private centre. The former are subject to the regime of financial liability of the Administration and, therefore, to Administrative Law, while claims against private centres are governed by the rules of the Civil Code.

Medical liability is determined by the breach of the obligation of means that are required of the professional according to the state of science (the so-called ‘lex artis’) and which encompasses three obligations: i) that of diagnosis using all means available according to the state of science, ii) that of informing the patient in accordance with specific regulations, and iii) that of follow-up and monitoring until cure.

In this regard, we must bear in mind that the mere existence of damage in medical care does not mean that, in any case, we are faced with a liability-generating event, as the requirements established by the corresponding legal institution must be met.

Therefore, the analysis of each particular situation and its context is essential for a solid and adequate defence of the associated interests. Belzuz Abogados, S.L.P. has professionals with extensive experience in analysing similar situations, advising their clients both in the extrajudicial and judicial phases.