Healthcare Sector Newsletter. October 2026

Supreme Court Judgment 1036/2026, of 26 June 2026: The natural progression of a condition from benign to malignant does not, in itself, amount to a misdiagnosis giving rise to liability.

The Supreme Court rules on a claim exceeding €600,000 arising from the delayed diagnosis of breast cancer, distinguishing between a genuine diagnostic error and the natural, unforeseeable progression of a fibroadenoma that ultimately degenerates into carcinoma.

Supreme Court Judgment 1177/2026, of 16 July 2026: The refund of fees by a rehabilitation centre does not constitute an admission of liability for the purposes of the doctrine of estoppel (doctrina de los actos propios).

The Supreme Court upholds the dismissal of the claim against a sports rehabilitation centre brought by a patient who argued that the refund of the physiotherapy session fees amounted to an admission of malpractice.

High Court of Justice of Aragón Judgment 309/2026, of 28 July 2026: The absence of any entry in the medical record of the steps taken following a serious complication shifts the burden of proof onto the healthcare Administration.

The Chamber awards €100,000 in damages for the extravasation of a chemotherapy drug, as the Administration, in the absence of any entries in the medical record, was unable to show that it had applied the protocol laid down for this type of complication.

High Court of Justice of Castilla y León Judgment 790/2026, of 14 July 2026: A normal umbilical artery pH at birth is a key datum for ruling out intrapartum hypoxia, and prevails over the interpretation of the cardiotocographic trace by experts lacking specific qualifications.

The Chamber dismisses a €3,000,000 claim for a child's cerebral palsy following birth and questions the qualifications of the claimant's paediatric experts to interpret the cardiotocographic trace.

Barcelona Provincial Court Judgment 421/2026, of 29 June 2026: The loss of the biological sample of a mole suspected of being melanoma gives rise to compensable non-pecuniary damage, although the amount must be moderated according to the likelihood that the lesion was benign.

The Court reduces from €50,000 to €5,000 the compensation awarded to a patient who, after the sample was mislaid, could not establish whether the lesion was cancerous, and declines to adopt the road traffic damages scale (baremo) as a reference.

Medical Devices Bill, September 2026: A new regulatory framework that incorporates the European regulations, regulates in-house manufacture within healthcare facilities and strengthens the role of the AEMPS (Spanish Agency of Medicines and Medical Devices).

The text responds to technological developments in the sector (medical software, artificial intelligence, 3D-printed implants) and raises in-house manufacture to statutory rank, with specific controls, inspections and infringements.