How much does it cost to claim for medical negligence?

Question

José Manuel Alburquerque · Accepted Answer

Claiming against the public health service costs nothing and does not require a lawyer, although the prudent course is to have the support of an expert. To sue in a civil court for more than 2.000 euros you need a lawyer and a court agent (“procurador”). Before the administrative courts, against the public authorities, a lawyer is always compulsory. The largest expense at the start is usually the medical expert's report, which it is advisable to commission before deciding whether to claim. If you lose the case, you may have to pay the other side's costs. What each route costs A claim against the public health service is free and requires neither a lawyer nor a court agent. A civil claim against the doctor, the clinic or their insurers requires a lawyer and a court agent if more than 2.000 euros is claimed. Private individuals do not pay a court fee. An appeal to the administrative courts against the public authorities is always brought with a lawyer. A court agent is compulsory if the appeal goes to the “Tribunal Superior de Justicia” (the regional High Court) and optional if it goes to the administrative section of the “tribunal de instancia”, the local court of first instance. Reporting the matter to the police or the court as a crime costs nothing. To take part in the proceedings by way of private prosecution (“acusación particular”), that is, as a party bringing the charges, you usually need a lawyer and a court agent. The main costs The medical expert. Their fees are set freely and depend on the speciality and the complexity of the case. Ask for a written quote. A short initial feasibility report can save you from a lawsuit with no prospect of success. The lawyer. Their fees are set freely and it can be agreed that part of them will depend on the outcome. Since December 2024, the law has given you the right to have the lawyer explain beforehand what it may cost you, including any costs you might have to pay. You can also ask for the engagement to be formalised in writing, with an advance quote for the fees and expenses. The court agent. They charge according to an official scale of fees, which the Spanish Government updated in 2024. Your medical records. The first copy is free. Costs and how to reduce the risk Costs are the expenses of the proceedings that the judge can order one of the parties to pay, above all the fees of lawyers, court agents and experts. If the judge rejects your claim entirely, you will normally pay the other side's. For the other side's lawyers and experts you pay at most one third of the amount claimed for each defendant who wins. There may be several if you sued the doctor, the clinic and their insurers. If you win entirely, the other side will normally pay them. Whoever wins, the judge may decide not to award costs if the case raised serious doubts of fact or law. If you win only in part, each side pays its own. Before the administrative courts the rule is similar, but the court can set a maximum amount. Refusing without good reason to take part in the prior attempt to reach an agreement can also count against you when costs are decided. If your family's income is below certain limits, you can apply for legal aid (“asistencia jurídica gratuita”) at the Bar Association (“Colegio de Abogados”). It covers the lawyer, the court agent and an expert appointed by the court. Also check whether any of your insurance policies, such as your home insurance, includes legal expenses or damages claims cover and whether it covers this claim.