What is professional negligence and when can you make a claim?

Question

José Manuel Alburquerque · Accepted Answer

It is a mistake by a professional who does not act with the care and knowledge their profession requires, known as the “lex artis”, the rules of good practice of each profession. You can claim when that mistake has caused you harm and it can be proved that it did. A bad outcome is not enough, because a lawyer, a doctor or an adviser undertakes to use the appropriate means, not to win or to cure. If you had a contract with the professional, the time limit is in principle ten years if the contract is governed by Catalan law and five in the rest of Spain, but there are exceptions and it is advisable to claim as soon as possible. What has to be proved That the professional did not do what a careful member of the same profession would have done in those circumstances. This usually requires a report from another professional in the same field. That you suffered real harm, such as a financial loss, an injury or the lost chance of winning a case. That the harm was caused by that mistake and not by something else. A debatable but reasonable decision is not negligence. Some professionals, however, are held to a higher standard. An architect who draws up a design or a builder comes close to being bound to achieve a result, because they must deliver a design that can be built and work that is properly done. Time limits and whom to claim against If you had a contract with the professional, as with your lawyer, your tax adviser (“gestor”), your architect or your vet, the time limit is in principle ten years if the contract is governed by Catalan law and five in the rest of Spain. According to the “Tribunal Supremo”, Spain's Supreme Court, notaries are subject to the five-year time limit of the Spanish Civil Code (“Código Civil”), in Catalonia too. If there was no contract, the time limit is three years if the events took place in Catalonia and one year elsewhere. When it is not clear whether there was one, as often happens with a doctor at a private clinic, go by the shorter one and make a written claim within the first year. If the professional works for the public authorities, such as a doctor in the public health service, the claim is made against the authority concerned, not against the professional, within one year, which in the case of injuries runs from recovery or from when the after-effects stabilise. That claim is filed with the authority itself and does not require an attempt to negotiate first. If the professional has liability insurance, you can claim directly against the insurer. In Catalonia, anyone practising a profession that requires a university degree is obliged to have it or to replace it with an equivalent guarantee. A clause in the contract limiting their liability to the amount of their fees may not be valid, as the Supreme Court said in 2026. How to claim In all other cases, make a written claim against the professional, their insurer and, where applicable, the company or clinic they work for. Do so by a means that provides proof of the date and the content, such as a “burofax” (a certified letter with proof of content), because that claim interrupts the time limit, which then starts again in full. If the professional does not tell you who their insurer is, the judge can order them to produce the policy before proceedings are brought. Before suing, you must try to negotiate, as the law has required since 2025. A complaint to the professional association may lead to a disciplinary sanction, but it will not get you any compensation, nor does it interrupt the time limit.