A Court Has Ordered the Largest Medical Negligence Payout in Spanish History — €13.3 Million

A Madrid court has ordered the insurers of a gynaecologist and a midwife to pay €13.3 million to the mother of a child who sustained severe neurological injuries during birth at Sagunto Hospital in Valencia on 17 November 2019. According to the woman's lawyer, this is the largest medical negligence award in Spanish history.

According to the case file, Andrea Telles was admitted to the emergency department of Sagunto's public hospital at 6:31 AM on 16 November 2019, in the 40th week of pregnancy. Her son Neyzan was born at 00:05 on 18 November in critical condition — with a heart rate below 60 beats per minute, not breathing on his own, and with severely low blood pressure. He was intubated and transferred to the neonatal unit, before being admitted to the University Clinical Hospital of Valencia with a diagnosis of perinatal asphyxia.

The judge concluded that errors had been made during the birth in monitoring the foetus's condition and in interpreting warning signs, which prevented the necessary medical decisions from being taken in time. As a result, the child was left with severe cerebral palsy, accompanied by cognitive and speech impairments. His level of disability has been assessed at 87%.

The court ruled fully in favour of the claim and ordered the insurance companies to pay €6.1 million plus interest from the date of the incident, along with legal costs. The total sum, including interest, came to €13.3 million. The ruling stresses that the compensation must reflect the child's real needs, taking into account the assistance, treatment, and support he will require throughout his life.

Andrea now works two shifts at weekends — at a petrol station and a restaurant. "We need a converted van to fit the child's wheelchair, but the conversion alone costs more than €10,000, and I don't have that kind of money. And most importantly, a home. This one isn't suitable for adaptation, the architect told us. It has three storeys. The boy is still small, and I can still carry him in my arms for now, but the day will come when that's impossible. With the compensation I hope to give Neyzan a suitable environment with all the care he needs to develop," Neyzan's mother told El País.