Sanitary patrimonial responsibility

A user of the healthcare system suffered injuries after a surgical intervention carried out in a contracted hospital with the regional health administration. Instead of filing the claim directly with the Administration (for example, the health service), she filed it with the hospital itself claiming patrimonial responsibility for the damages suffered.

As she did not receive a specific response (the claim was presumed dismissed by silence), the affected party turned to the administrative litigation jurisdiction. In the process, she argued that filing a claim with the contracted hospital should have equivalent effects to filing with the Administration, so that the necessary prior procedure to go to court would be considered "fulfilled." In the first instance, the court

dismissed dismissed its resource. After , on appeal, the High Court of Justice reversed the previous decision but to dismiss the case understanding that the administrative process had not been exhausted because the claim was directed only against the hospital and not against the Canarian Health Service.

The Supreme Court accepts the case due to its interest and finally upholds the appeal in cassation. It states that, when the damage occurs in a center that acts under an agreement or by delegation of the public service, the claim filed with that entity has equivalent effects to filing it with the Administration in charge of the service, for the purpose of exhausting the administrative process. It adds that, in good faith and good administration, the defects attributable to the agreed entity should not harm those who have acted diligently. It also considers irrelevant that the claim did not correctly name the Administration, if the issue is related to the agreement. Therefore, annul the ruling and orders to revert actions so that the merits of the case are resolved.

If you believe that you have suffered harm as a result of an action by the health Administration, our professionals can advise you on defending your rights.