Spain’s preparedness for new health crises is once again in the spotlight following discussions at the XXI National Congress on Medical Law. Experts are convinced that current legislation does not provide effective protection for either doctors or patients should another pandemic emerge. Weaknesses in existing regulations already became apparent during COVID-19, and now the professional community is calling for urgent reforms.
Legal gaps
According to specialists, the current system does not allow for a rapid and clear response to public health threats. The 1986 Health Law is considered too general and does not take into account today’s challenges linked to global epidemics. As a result, many decisions made at the height of the pandemic were challenged in court, which further complicated the work of medical institutions and authorities. As El Confidencial notes, the lack of clear rules led to chaos in management and ambiguity in the actions of regional administrations.
Special attention is given to the need to review the mechanism for implementing emergency measures. Experts emphasize that the state of emergency framework is ill-suited to health crises, as it fails to provide sufficient flexibility or legal clarity. Instead, they propose developing a specific organic law that would clearly define the procedures for restricting citizens’ rights, with guarantees and transparency.
The role of international organizations
Another important aspect is strengthening cooperation with international bodies such as the World Health Organization. In recent years, Spain has seen a rise in distrust toward scientific data and the spread of pseudoscience, which poses additional public health risks. Medical professionals believe that only by reinforcing the scientific approach and international standards can the wave of anti-scientific attitudes be countered.
Doctors and experts emphasize that combating pseudoscience should be a priority for everyone in the healthcare system. Medical professionals must be the main advocates of scientific knowledge and evidence-based medicine. Without this, it is impossible to secure public trust in vaccination and other preventive measures.
Technology and responsibility
Technological progress in medicine is outpacing legislative changes. The issue of using artificial intelligence in clinical practice is particularly pressing. Currently, there is no clear legal framework outlining physician responsibility when AI is used in diagnosis and treatment. This creates uncertainty and may lead to new legal disputes.
According to congress participants, it is urgent to develop a dynamic and flexible regulatory system that does not hinder the introduction of innovations, while ensuring patient safety. It is important to distinguish between errors related to software and those resulting from the actions of specialists. Without clear rules, it is impossible to guarantee fair review of complaints and protect the interests of all parties involved.
Regional Issues
Issues of medical law and healthcare quality concern not only the capital, but also the regions. For example, according to RUSSPAIN.COM, residents of the autonomous cities of Ceuta and Melilla express marked dissatisfaction with central healthcare, as reflected by low trust and accessibility ratings. Analysis of the situation in these regions shows that the lack of clear rules and insufficient coordination between different levels of government lead to a decline in the quality of medical care.
In general, experts agree: without updating legislation, Spain risks repeating past mistakes. The need for reform is increasingly evident against the backdrop of new challenges related to technological advancements and changes in the structure of society.
In recent years, Europe and the world have repeatedly discussed the legal liability of doctors when using new technologies, as well as issues of coordination between national and regional health authorities. In 2025, several EU countries adopted the first laws regulating the use of artificial intelligence in medicine, but in Spain, this process is progressing more slowly. The surge of interest in pandemics and medical law is linked to a rise in lawsuits and public debates about patients’ rights and the responsibilities of the state. These trends highlight the importance of timely updates to the regulatory framework and ongoing dialogue between the professional community and lawmakers.
