Insurance law - Spain
The Insurance Law Department at Belzuz Abogados, S.L.P. began its journey as part of the Commercial Law Department, advising our clients on matters related to the insurance sector.
The growing demand for services related to the insurance world, along with the uniqueness and specialization required by this sector, led to the creation in 1998 of a separate department specifically dedicated to handling and studying insurance law matters.
Our experience
We have extensive experience in providing legal advice in the field of insurance regulations, offering legal consultancy services to both Spanish and foreign insurance companies. Our multidisciplinary team is made up of lawyers in Spain and Portugal who specialize in insurance, commercial law, tax law, and litigation, ensuring the proper handling of matters both in terms of consultancy and advisory services, as well as in the judicial and extrajudicial management of claims.
Our clients
Our clients are leading national and international insurance companies that entrust their claims to our team. We are currently involved in a wide range of significant claims across all branches of insurance.
With the support of the Litigation Department, Belzuz Abogados, S.L.P. participates in numerous judicial, arbitration, and expert proceedings to ensure the proper handling of claims at the national level.
Global Service
Our presence in Spain and Portugal, with our own offices in Lisbon and Porto, allows us to offer the insurance sector a comprehensive service throughout the entire Iberian Peninsula, providing added value in the handling of claims for insurance companies.
We have been directly involved in the establishment of various insurance companies in the Iberian market, assisting them in their growth and in adapting their structures and policies to local requirements and specificities.
Negotiating Spirit
At Belzuz Abogados, S.L.P., we are driven by a spirit of negotiation and act on behalf of our clients in the pursuit of conciliatory solutions, striving to avoid court proceedings whenever possible.
International vocation – INSURALEX Claims and Legal Defense
With a clear international vocation, Belzuz Abogados S.L.P. in Spain and Belzuz Abogados – Branch in Portugal, participated in the creation of INSURALEX – Global Insurance Lawyers Group (www.insuralex.com) in 2002, an international network of law firms specializing in insurance and reinsurance, which includes over 50 associated firms from 38 different jurisdictions worldwide. INSURALEX was established with the goal of facilitating insurance claims due to economic globalization and has a strong growth-oriented spirit.
We have extensive experience in Insurance and Reinsurance Law, advising both Spanish and foreign insurance and reinsurance companies. Our multidisciplinary team consists of lawyers in Spain and Portugal, specializing in insurance and reinsurance, civil liability in all its areas, procedural law, as well as commercial and tax lawyers, allowing us to provide a comprehensive approach to the client’s needs from the perspective of all legal branches.
Advisory and opinions on applicable legislation.
Relations with the Directorate General of Insurance and the Insurance Compensation Consortium (access to insurance activity, expansion of activity, revocation of authorizations, infringements and sanctions, claims before the Commissioner for the Defense of the Insured, etc.).
Analysis and adaptation of policies (drafting of general, specific, and special conditions, delimitation and limitation of risk, etc.).
Consultations with the regulatory body, Directorate General of Insurance, regarding financial products for the investment of technical provisions. All of this in direct communication with the regulatory bodies.
Rights and obligations of the parties, premium payment, indemnity quantification.
Legal advice to brokers, agents, and intermediaries—selecting the mediation figure that best suits the client’s interests.
We intervene in the processing, claim, and/or legal defense or settlement of matters related to civil liability:
Product and industrial risk liability
Medical/healthcare professional liability
General civil liability
D&O (Directors and Officers) liability
Environmental civil liability
All-risk/construction liability
Assistance in the claims process / negotiations
Pre-litigation and judicial claims, settlements, and indemnity calculations
Recovery actions
Valuation of material and personal damages
Assistance and coordination with experts in damage assessment, and identification of causes
Legal defense
Assistance in the claims process/negotiations
Pre-litigation and judicial claims, settlements, and indemnity calculations
Recovery actions
Valuation of material and personal damages
Assistance and coordination with experts in damage assessment, and identification of causes
Legal defense
Establishment of insurance companies
Establishment of branches of foreign insurance companies
Mergers and acquisitions of insurance companies
Portfolio acquisitions
Tax representation in Spain for foreign companies under the Free Provision of Services (LPS)
Assistance in the claims process/negotiations
Pre-litigation and judicial claims, settlements, and indemnity calculations
Recovery actions
Valuation of material and personal damages
Assistance and coordination with experts in damage assessment, and identification of causes
Legal defense
Assistance in the claims process/negotiations
Pre-litigation and judicial claims, settlements, and indemnity calculations
Recovery actions
Valuation of material and personal damages
Assistance and coordination with experts in damage assessment, and identification of causes
Legal defense
Assistance in the claims process/negotiations
Pre-litigation and judicial claims, settlements, and indemnity calculations
Recovery actions
Valuation of material and personal damages
Assistance and coordination with experts in damage assessment, and identification of causes
Legal defense
Medical Liability
It is increasingly common for errors in medical or healthcare practices to be identified, and if such errors are confirmed, they may result in liability for healthcare professionals and/or institutions, whether public or private. In addition to the tragic consequences of these erroneous actions for the patients who suffer them and their families.
The legal regime governing this type of liability, which we will call “medical,” differs depending on whether the care was provided in a public or private facility. In public institutions, the regime of liability is governed by the administrative liability system, meaning they are subject to administrative law. In contrast, claims against private facilities are governed by the Civil Code.
Medical liability is determined by the failure to fulfill the duty of care expected of the professional according to the state of medical knowledge (the so-called “lex artis”). This duty includes three main obligations: i) diagnosis using all available means according to the state of medical knowledge, ii) providing information to the patient in accordance with specific regulations, and iii) monitoring and follow-up until recovery.
In this regard, it is important to note that the mere existence of damage in medical care does not necessarily mean that there is a liability-generating event, as the requirements set out by the corresponding legal institute must be met.
Therefore, analyzing each situation individually and categorizing it correctly is essential for a solid defense of the associated interests. Belzuz Abogados, S.L.P. has professionals with extensive experience in analyzing similar situations, advising clients both in the extrajudicial and judicial phases.
Informed Consent
One of the most common yet hardest-to-detect medical malpractice issues is the lack of information provided to the patient by the healthcare professional. Spanish law, along with case law, has established the timing and manner in which the patient and their family must be informed, with a requirement for written consent in the case of surgical interventions and other particularly invasive or significant procedures. The absence of informed consent, or its defective execution, constitutes a compensable harm that can be claimed. At Belzuz Abogados, S.L.P., we have the technical knowledge and experience necessary to defend cases related to this matter.
Specialties
- Medical negligence refers to actions or omissions by healthcare professionals that cause harm to a patient. Typical examples include failing to perform an X-ray correctly, not conducting a CT scan before severe symptoms appear, delaying surgery beyond what would be prudent, or performing surgery incorrectly.
Medical negligence can be grouped into two main categories: errors or delays in treatment, and errors or delays in diagnosis.
The consequences of medical negligence are primarily death, injury, and/or prolonged recovery or convalescence. Additionally, being a victim of medical negligence causes additional psychological suffering, known as moral damage. This harm may have been suffered by the patient or a close relative of the victim.
In Spain, we have a globally recognized National Health System, and despite the professionalism of our doctors, nurses, and other healthcare professionals, system overload and lack of funding for resources are behind most of the medical negligence cases in our country.
When an injury occurs (of any kind), the administration (or its insurer) must compensate the injured patient; this is referred to as medical liability.
When claiming compensation for alleged medical negligence, it is crucial to first assess the technical and legal viability of the claim.
For this, Belzuz Abogados, S.L.P. offers our team of lawyers with extensive experience in this field to verify the viability of your claim, as well as a team of experts who will examine the technical and specialized feasibility of your case.
Claiming compensation for damages is a matter of justice. Reporting medical negligence does not have to undermine healthcare professionals who work with high dedication. Furthermore, filing a claim regarding healthcare issues also serves to ensure that the Health Administration (or the hospital in question) does not repeat the same mistake, ultimately improving the quality of care, which will benefit everyone.
Administrative Route
In Spain, a large portion of healthcare services is provided by the public sector, within the frameworks of the various health services in each Autonomous Community.
In the expanded healthcare network, the division between the public and private sectors is distinct, given the existence of numerous private healthcare providers in areas like palliative care and nursing homes. If the events subject to the claim occurred within the public sector, the entity responsible for the damages caused by the healthcare service is the Public Administration. Since our Constitution and laws establish the obligation to compensate individuals for damages caused by the Public Administration, filing a patrimonial administrative claim against the Public Administration is the most appropriate route.
The administrative route is suitable when the claim must be made against the Public Administration. The claim for damages will be made through the corresponding patrimonial claim.
The process, although it may take a long period, allows for hearings and arguments from the interested parties, and concludes with the Health Inspection Report from the relevant Autonomous Community Health Service. This report serves as the basis for the administrative body in charge of making a decision, which can be favorable or unfavorable. In the case of a favorable decision, compensation will be granted.
Civil Route
The civil route is appropriate when the claim must be made against a private individual, a company, or an insurer. The civil route is strictly for claiming damages. The civil process typically takes about a year and a half from the initiation of the claim. However, in civil procedures, an agreement can often be reached before the case goes to trial, which can reduce costs.
The civil route is used to claim damages against private entities (private nursing homes, private hospitals, etc.). It is also the route for claims against insurance companies for healthcare service providers (nursing homes, private hospitals, etc.).
The civil route is faster than the administrative or contentious-administrative routes but carries a higher risk if the claim is deemed unjustified, as it could result in the imposition of court costs depending on the amount claimed.
Criminal Route
Through the criminal route, the alleged commission of a crime (such as harm to physical integrity, homicide, or professional negligence in medical-surgical treatments) can be pursued by action or omission of individuals or, in specific cases, the criminal responsibility of legal entities may be demanded. The criminal route is likely the longest, as it is divided into two distinct phases: the investigation phase and the trial phase, where decisions are made about the investigated facts (the oral trial).
This is also due to the fact that, during the criminal phase, many elements fall outside the control of the lawyers, such as the involvement of the Public Prosecutor. However, this allows the Public Prosecutor to investigate the reported facts, reducing associated process costs.
The criminal procedure not only involves claiming compensation for the damages suffered but also seeks to convict the alleged perpetrator of the harm, potentially resulting in imprisonment and/or professional disqualification.
Traumatology and Orthopedic Surgery is, along with Gynecology and Obstetrics, one of the most commonly claimed specialties in Spain.
Fractures, hernias, and other tendon injuries have a significant impact on people’s quality of life, not only from a functional perspective but also because of the pain they cause, which in some cases can be severely disabling.
Pathologies affecting the body’s mechanics are not only the result of acute events (a traffic accident, a fall, etc.), but can also arise from repetitive processes (lifting heavy weights improperly, forced postures due to professional duties), or simply from degenerative or chronic processes (osteoarthritis, hernias, knee or hip prostheses, etc.).
The treatment of such pathologies can be particularly complex due to the multitude of factors that contribute to achieving a positive treatment outcome. Likewise, we are aware that the recovery and rehabilitation process is very demanding for patients and does not always yield the desired results.
While it is true that not all factors influencing the final outcome of a treatment are under the control of healthcare professionals, at Belzuz Abogados, we believe that an early and accurate diagnosis, through a thorough and appropriate study of imaging tests (X-rays, CT scans, etc.), as well as a carefully planned treatment tailored to the patient’s characteristics (controlling rehabilitation times and, if applicable, the intervention times), are of vital importance to minimize the consequences of the pathology. Any error or negligence by healthcare professionals can have irreversible consequences and result in a permanent loss of quality of life.
Delays in surgical treatments, setbacks in rehabilitation processes, or simply inadequate surgical approaches can not only prolong the recovery process unnecessarily but also consolidate a condition of functional limitation or even a residual pain condition.
The fact that you have suffered an injury is not compensable, but if it has not been diagnosed or treated correctly, it is. If you believe that a mistake has been made or malpractice has occurred, whether in a public or private hospital, you have the right to claim and be compensated for the diagnostic or treatment error/delay.
From the Medical Liability Department of Belzuz Abogados, we want to help and advise you by clarifying and simplifying the processes. If you believe you have been a victim of medical negligence, do not hesitate: contact us, and we will examine your case.
General Surgery and Digestive System Surgery is a complex specialty whose pathology requires invasive treatments, often involving a high number of what are known as “dirty surgeries.” Therefore, it is not unusual for undesirable results to occur, both during the surgical procedure and in the postoperative follow-up.
This specialty includes not only surgery of the digestive system and abdominal wall but also surgery of the breast and proctology, two of the most anatomically complex areas that require special care during surgical intervention.
General surgeons treat a wide range of pathologies: from a simple appendicitis to complex conditions related to chronic and autoimmune diseases (such as Crohn’s disease) or tumor processes.
The responsibility of general surgeons is not limited to the operating room; it extends to the indications for treatment (usually surgical) and the immediate control following surgery. The undesirable consequences of an adverse event in General Surgery can lead to severe problems for patients in their daily lives and can permanently affect their quality of life or even result in death.
The most common injury in general surgery is perforation. Despite the time elapsed since the introduction of laparoscopic techniques in Spain and the simplification of surgical procedures, the number of perforations that occur today remains high. Similarly, post-surgery infectious complications, with potentially fatal consequences, are still a common occurrence in General Surgery departments at Spanish hospitals.
From the Medical Liability Department at Belzuz Abogados, we aim to contribute, with professional rigor and demanding standards, to ensuring that our clients obtain compensation for damages they may have suffered due to an adverse event in the field of General Surgery. To do so, we study your case, assist, and advise you; if you believe you have been the victim of a medical error or negligence, do not hesitate to contact us.
Internal Medicine is a clinical specialty focused on the non-surgical healthcare of adults. Internists are responsible for the care of a wide range of conditions, such as autoimmune diseases, hormonal disorders, infections, and more. The variety of patients that typically require care from internists demands a high level of expertise in managing the symptoms of diverse diseases. The Internal Medicine service is the backbone of Spanish hospitals: they not only determine the need for additional diagnostic tests, but also guide the majority of clinical diagnoses, including most diagnoses made in the Emergency services.
The most common error in Internal Medicine is a diagnostic error or delay, often due to incorrect interpretation of clinical symptoms or insufficient diagnostic effort (lack of examination, failure to request additional tests, etc.). Errors in diagnosing and treating a condition can have fatal and/or irreversible consequences.
In addition to the high demands faced by internists in the ward, emergency services add pressure and stress, which, combined with increasingly limited resources, often lead to adverse events.
As attorneys specializing in medical liability, we are highly familiar with the challenges within Internal Medicine and Emergency services.
The Medical Liability Department of Belzuz Abogados is at your disposal to guide you through the claims process, clarify your doubts, and ensure that when you decide to claim, you have all the information you need. Contact us, and we will review your case.
All workers, whether public or private, have the right to carry out their activities under safe and healthy working conditions. Infections, accidents, and occupational diseases must be compensated when they result from a violation of safety and health regulations in the workplace.
In Spain, employers must provide their workers with the necessary protective equipment to prevent any harm during working hours. Additionally, employers must adapt the work to the specific needs that workers may have.
Similarly, public sector workers also have the right to work in safe conditions. To this end, the Public Administration is obliged to provide the necessary protective materials (or apply the necessary adaptation measures) to ensure that public sector workers perform their duties in a safe environment. Health professionals, members of the security forces, firefighters… All of them form the first line of protection for society. We must protect and care for them so that they can carry out their services.
At Belzuz Abogados SLP, we have a team of lawyers with extensive experience in handling workplace accident claims and recognition of occupational diseases, who can help any affected party or employer define the responsibilities associated with a potential violation of safety and health regulations in the workplace.
We owe a debt to our elderly in the final stage of their lives. With the hustle and bustle of daily life, we are unable to spend as much time with them as we would like, which is why we rely on nursing homes and other similar facilities to take care of them.
The decision to place our elderly in a home is not an easy one. Leaving our father/mother in the hands of strangers requires an effort from the entire family; that’s why we demand that these institutions, in return, spare no resources or personnel to ensure our elderly are well cared for.
Unfortunately, in recent times, the quality of care our elderly receive has been widely reported in the media: elderly people abandoned, abused, or even mistreated by those who are supposed to be responsible for them. This type of situation, which can even lead to injuries, is subject to civil liability; that is, negligence in fulfilling duties in nursing homes and elderly care facilities can lead not only to an investigation of the facts and the adoption of corrective measures, but also to potential compensation. Falls, lack of hygiene, and insufficient monitoring in some facilities are becoming issues we have failed to resolve as a society.
The lack of attention to our elderly by public or private facilities can lead to different actions, all of which aim to restore the best living conditions for those family members we care for the most or to attempt to repair the damage caused.
At Belzuz Abogados SLP, we have a team of lawyers with extensive experience in handling cases of liability due to inadequate care in nursing homes, residential homes, and palliative care providers.
- Analysis of informed consent requirements.
- Study of the specific case to inform the client about the possible existence of negligence.
- Feasibility study of actions due to lack of information.
Our Team
Senior Lawyer
Mikel Reyna Escalera
Partner – Chief Executive Officer
Enrique Belzuz Fernández
