Overview

• The Civil Chamber held that interest under Article 20 of Spain’s Insurance Contract Law accrues from December 5, 2012, lifting the payout from the €600,000 principal to a total of €1,214,000.
• Madrid’s appellate court had shifted the interest start date to April 17, 2017, but the Supreme Court partially overturned that modification.
• Judges stressed a heightened duty of diligence for the insurer and placed the burden on it to prove lack of knowledge of the claim, which the court found unconvincing in a case of such gravity.
• Case records describe alleged lapses including administration of propofol despite documented egg allergy, no complete pre‑anesthetic assessment, inadequate monitoring, and delayed urgent care.
• The child, now with a recognized 90% disability, was injured during a sedated MRI in Valladolid, and patient‑advocacy group El Defensor del Paciente called the decision a significant precedent against delay tactics.