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Claim for medical harm against the Administration or the private clinic (Ley 41/2002 + LRJSP 32-37 + CC 1902/1101)

Claim for medical harm against the Administration or the private clinic (Ley 41/2002 + LRJSP 32-37 + CC 1902/1101) is filed with Administración sanitaria (unidad de responsabilidad patrimonial) / centro sanitario privado y su aseguradora. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your demanda (claim) for you. Estimated total cost: from €49. Official tasa (government fee): No tasa (official fee). Neither the reclamación de responsabilidad patrimonial before the health Administration nor the claim against the private clinic and its insurer carries a tasa. Separately, there is the medical expert report, essential to quantify the harm, whose cost varies.

We prepare and file your claim for harm suffered in healthcare, through the route that does not require litigation. If the centre is PUBLIC, this is the reclamación de responsabilidad patrimonial (state liability claim) before the health Administration (LRJSP 32-37, deadline 1 year), which is processed without a court representative. If it is PRIVATE, this is the claim against the clinic and its insurer (CC 1902/1101, deadline 5 years, Ley 42/2015), which interrupts the limitation period. We quantify the harm using the baremo (official compensation scale) of Ley 35/2015 and, where appropriate, we ground the claim in the Tribunal Supremo doctrine of disproportionate harm. If the claim is rejected, there is a later court route (contencioso-administrativa or civil) that requires a procurador and is NOT included in this service.

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Estimated total cost
from €49
Managora's fee
€59.29 (21% VAT incl.)
Tasa (official government fee)
No tasa (official fee). Neither the reclamación de responsabilidad patrimonial before the health Administration nor the claim against the private clinic and its insurer carries a tasa. Separately, there is the medical expert report, essential to quantify the harm, whose cost varies. (suplido: paid to the authority on your behalf, no VAT)
Processing time
Public route: the Administration has 6 months to decide; once that time passes, the claim is deemed rejected by silencio administrativo (deemed refusal by administrative silence). Private route: the clinic's insurer usually replies within 1 to 3 months.
Where it is filed
Administración sanitaria (unidad de responsabilidad patrimonial) / centro sanitario privado y su aseguradora ↗
What you receive
Demanda (court claim)

Cost breakdown: Our fee 49 € with no tasa for individuals; the medical expert report needed to quantify the harm is paid separately and its cost varies..

Claim for medical harm against the Administration or the private clinic (Ley 41/2002 + LRJSP 32-37 + CC 1902/1101): how is it filed?

  1. 1Answer the questions (~20 minutes).
  2. 2Payment of 49 €.
  3. 3We draft the claim with the harm quantified and the deadline calculated, and we file it with the health Administration or with the private clinic and its insurer.

Which documents do you need?

  • •Complete medical records.
  • •Your own medical expert report.
  • •Proof of sick leave, healthcare expenses and loss of earnings.
  • •If public: prior request for a copy of the medical records.

Legal basis and things to bear in mind

  • Legal framework: Ley 41/2002 + LRJSP 32-37 + CC 1902/1101.
  • Public: deadline of 1 year from the date the harm stabilised.
  • Private: 5 years (Ley 42/2015).
  • Doctrine of disproportionate harm (Tribunal Supremo).
  • This service covers the preliminary claim: the administrative one before the health service, or the one addressed to the private clinic and its insurer. If it is rejected, the later court stage (contencioso-administrativa or civil) requires a procurador and is not included in this service.
  • Natural connections: reclamacion_responsabilidad_patrimonial.

Claim for medical harm against the Administration or the private clinic (Ley 41/2002 + LRJSP 32-37 + CC 1902/1101): frequently asked questions

Claim for medical harm against the Administration or the private clinic (Ley 41/2002 + LRJSP 32-37 + CC 1902/1101): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is from €49: Our fee 49 € with no tasa for individuals; the medical expert report needed to quantify the harm is paid separately and its cost varies.. Managora's fee is €59.29, 21% VAT included (€49.00 net + €10.29 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No tasa (official fee). Neither the reclamación de responsabilidad patrimonial before the health Administration nor the claim against the private clinic and its insurer carries a tasa. Separately, there is the medical expert report, essential to quantify the harm, whose cost varies..

Claim for medical harm against the Administration or the private clinic (Ley 41/2002 + LRJSP 32-37 + CC 1902/1101): how long does it take?

Public route: the Administration has 6 months to decide; once that time passes, the claim is deemed rejected by silencio administrativo (deemed refusal by administrative silence). Private route: the clinic's insurer usually replies within 1 to 3 months.

Claim for medical harm against the Administration or the private clinic (Ley 41/2002 + LRJSP 32-37 + CC 1902/1101): which documents do I need?

You need to have to hand: Complete medical records., Your own medical expert report., Proof of sick leave, healthcare expenses and loss of earnings., If public: prior request for a copy of the medical records.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Administración sanitaria (unidad de responsabilidad patrimonial) / centro sanitario privado y su aseguradora. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Administración sanitaria (unidad de responsabilidad patrimonial) / centro sanitario privado y su aseguradora ↗.

Shall we get started with «Claim for medical harm against the Administration or the private clinic (Ley 41/2002 + LRJSP 32-37 + CC 1902/1101)»?

We file it for you, from start to finish.

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