How do you claim for negligence by “Social Security” or a public hospital?

Question

José Manuel Alburquerque · Accepted Answer

With a claim for compensation to the health authorities based on their “responsabilidad patrimonial”, the liability of public authorities in damages, not to the doctor. It is submitted in writing, without the need for a lawyer, within one year from recovery or from when the extent of the after-effects becomes known. The authorities have six months to decide and, if they do not reply or reject the claim, an appeal can be brought before the administrative courts. It is also possible to sue only the authorities' insurer in a civil court. If you were treated as a private patient, even in a hospital in the public network, the route will normally be a civil claim. Where to file the claim and what to explain What people usually call “Social Security” is now the public health service of each of Spain's autonomous communities. In Catalonia it is organised by CatSalut, the Catalan public health service, with centres run by the ICS (the Catalan Health Institute), consortia, foundations and private centres working for the public health service. The public authorities are liable for the doctors and other staff in their service. The doctor cannot be sued personally in a civil court. It is not always clear who handles the claim when you were treated by a consortium, a foundation or a private centre working for the public health service. The prudent course is to submit it to both CatSalut and the centre at the same time. Keep the proof of submission. The claim must explain: What injuries you suffered and when they occurred. Why you believe they were caused by the care you received, for example by a late diagnosis or a badly performed operation. How much you are claiming, if you can already calculate it. What evidence you are providing or proposing, such as your medical records and an expert's report. What happens next The authority asks the department that treated you for a report, gathers the evidence and gives you a hearing, that is, it lets you see the file and put forward your arguments before deciding. If the amount claimed is high, it must also obtain the opinion of an advisory body, which in Catalonia is the “Comissió Jurídica Assessora”, the Catalan government's legal advisory body. It has six months to decide. If it does not, the claim is deemed to have been refused (administrative silence) and you can appeal. If it rejects the claim in writing, you have two months to bring an appeal before the administrative courts, for which you do need a lawyer. It is advisable to have an expert on board from the outset, because the department's report usually defends the actions of its own staff. Other routes Suing only the authorities' insurer in a civil court. The civil courts allow this, as in the case decided by the “Tribunal Supremo”, Spain's Supreme Court, in its judgment 182/2026 of 10 February, against the insurer of the “Servicio Andaluz de Salud”, the Andalusian public health service. An attempt to reach an agreement must be made first, as with any civil claim. Assume you have one year to claim, the same as against the public authorities. If you were treated as a private patient in a hospital in the public network, paid for by you or your private medical insurance, CatSalut is not liable. The normal course is to bring a civil claim against the doctor, the centre and their insurers. If the hospital belongs to the public authorities themselves, such as those of the ICS or of a public consortium, also submit the claim for compensation to the public authorities within the year, because that may be the right route. A criminal report to the police or the court, which is reserved for serious cases, is the only route in which a public health service doctor is personally liable.