Healthcare Sector Newsletter. July 2026

Judgment No. 79/2026 of the Civil Section of the Court of First Instance of Madrid (Court No. 103), of 26 March: Obstetric malpractice for failure to detect progressive fetal hypoxia during delivery.

The claim is upheld in full, the court finding that the lack of monitoring and incorrect interpretation of fetal monitoring, together with an inadequate vacuum extraction, resulted in intrapartum hypoxia that caused severe neurological sequelae to the minor.

STS 493/2026, of 6 April 2026: Informed consent must be tailored to the patient's specific clinical circumstances and reflect their actual expectations of success.

The Supreme Court rules on the appeal lodged in proceedings claiming damages arising from a pulmonary vein ablation procedure performed to treat the arrhythmia suffered by the patient.

STS 750/2026, of 14 May 2026: A review of the degree of disability does not delay the commencement of the limitation period where the injured party was already aware of the extent of their sequelae.

The judgment resolves a healthcare liability claim arising from a neurosurgical procedure in which the claimant sought compensation in excess of EUR 800,000 for the damages suffered, alleging a diagnostic error that had led to unnecessary surgery.