How long does it take to receive compensation for medical negligence?

Question

José Manuel Alburquerque · Accepted Answer

There is no fixed time, because it depends on the route and on whether an agreement is reached or the case has to go to court. The quickest option is usually an agreement with the insurer or with the public authorities. Before the amount is fixed, it is generally necessary to wait until the after-effects stabilise, although it is advisable to claim earlier so as not to miss the time limit. If there are court proceedings, how long they take depends above all on the court and on whether the judgment is appealed. The law does set some time limits, such as the six months the public authorities have to decide or the twenty days the party ordered to pay has to do so before an application can be made for the attachment of their assets. What sets the pace When the after-effects stabilise. Until it is known what after-effects will remain, the compensation cannot be properly calculated. In the meantime, make a written claim so as not to miss the time limit. The attempt to reach an agreement in private healthcare. Since 2025 it has been compulsory before suing and, if it succeeds, it is the quickest way to get paid. Civil proceedings. First the court of first instance decides and, if anyone appeals, then the “Audiencia Provincial”, the provincial appeal court. The “Consejo General del Poder Judicial”, Spain's General Council of the Judiciary, publishes the average times for each type of court. The claim against the public health service. The public authorities have six months to decide. If they do not reply or reject the claim, you have to go to the administrative courts. After the judgment If the doctor, the clinic or their insurer is ordered to pay, they have twenty days from being notified to pay. After that, you can apply for enforcement, that is, for the court to make them pay, attaching their assets if necessary. If they appeal, you can ask for the judgment to be enforced straight away, on a provisional basis. If the appeal later goes against you, you would have to repay what you had received. If the public authorities are ordered to pay, they have three months to pay from receiving the final judgment. After that, compulsory enforcement can be sought. If the authorities have not acted diligently, the judge can increase the interest they owe by two percentage points. Interest makes up for part of the wait If the doctor's or clinic's insurer has not paid within three months of the insured event, which here means the event that caused the harm, it also owes late-payment interest at a higher rate than normal, unless it has a justified reason. If it proves that it did not know about the case until you made your claim, the interest runs from the claim. The public authorities pay the compensation updated to the date of their decision and owe interest if they are late in paying. Do not sign a settlement and release form to get paid sooner if you have not yet been discharged from medical treatment. If you accept a partial payment, write next to your signature that you are receiving it on account and without waiving the rest.