Medical malpractice in Peru: where to complain and what you can (and can't) get
There are two different paths and they don't give you the same thing. A complaint with SUSALUD is free and can get the facility fined or shut down, but — per press reporting, not confirmed against the official regulation itself — it does not pay you anything. For compensation, the path is a civil lawsuit, which usually needs a lawyer and has a two-year deadline from the event.
VerificationPartly verifiedSee the sources ↓
- 3sources cited
- 3read at the official source
- 2official institutions
ESSALUD · Congress of Peru
Checked 1 Oct 2026Next review 29 Mar 2027
What is still unverifiedThis page rests on three citations personally verified against official sources (Ley 26842 Articles 36 and 48, and Código Civil Article 2001 inciso 4 via the amending Ley 30179). The rest falls short of that bar: the claim that a SUSALUD administrative complaint does not produce compensation comes from a press report (Salud con Lupa), not from the text of the regulation that should govern it — we could not confirm it directly against that regulation. We also could not verify CECONAR's (the health conciliation service) exact procedure, or the specific Código Penal articles and penalties that might apply in severe cases, against an official source — so this page describes the criminal track only in general terms, without citing specific articles or penalties.
Two paths, two different outcomes
When you suspect a doctor or clinic acted negligently, it’s easy to assume “filing a complaint” is one procedure with one outcome. It isn’t. There are at least two routes, aimed at different things:
- The administrative complaint to SUSALUD: free, no lawyer needed, and it can end in a sanction against the facility — a fine or even closure.
- The civil damages lawsuit: usually needs a lawyer, and it’s the one that can actually pay you compensation.
Mixing the two up is the most common mistake: someone files with SUSALUD expecting a payout, and never gets one, because that path isn’t built for that.
Who’s liable: the professional and the facility
The General Health Law is clear that liability doesn’t stop at the doctor:
Los profesionales, técnicos y auxiliares a que se refiere este Capítulo, son responsables por los daños y perjuicios que ocasionen al paciente por el ejercicio negligente, imprudente e imperito de sus actividades.
And, in the same law, the facility is on the hook too:
El establecimiento de salud o servicio médico de apoyo es solidariamente responsable por los daños y perjuicios que se ocasionan al paciente, derivados del ejercicio negligente, imprudente o imperito de las actividades de los profesionales, técnicos o auxiliares que se desempeñan en éste con relación de dependencia.
In practice, this means a claim can — and usually should — target both: the professional who treated you and the clinic or hospital where they work.
What’s verified about SUSALUD, and what isn’t
SUSALUD does have a free complaint channel, no lawyer needed, by phone (hotline 113), in person, or through its portal. What we could not confirm against the official text of the regulation that should govern it is exactly what it can and can’t order as an outcome. Specialized press reporting describes complaints ending in fines of up to 500 UIT or facility closure, but says none of that money reaches the patient. We’re treating this as unverified — not because we doubt the source, but because our standard requires confirming it against the regulation itself, and we could not access that text in this research.
The deadline: two years, not forever
If your goal is compensation, the clock is running. The Código Civil sets a two-year deadline for the extracontractual-liability damages claim:
A los dos años, la acción de anulabilidad, la acción revocatoria, la acción indemnizatoria por responsabilidad extracontractual y la que corresponda contra los representantes de incapaces derivadas del ejercicio del cargo.
Once that window closes from the event, the civil route can be shut. Don’t wait until you have every document perfect to consult a lawyer — you can start that conversation while you’re still gathering evidence.
What this page can’t tell you
We’re not citing specific Código Penal articles or penalties for medical malpractice, nor CECONAR’s (the health conciliation service) exact procedure, nor the Colegio Médico del Perú’s disciplinary process in detail, because we could not verify those points against an official source in this research. If your case involves severe harm, a lawyer — criminal defense for the criminal track, civil for compensation — can give you the precision this page honestly doesn’t have.
How to file
- Keep the medical record and every document from the caseRequest a copy of your medical record and epicrisis as soon as you can — they're the foundation of any complaint, whether administrative, civil or criminal. See the page on informed consent and medical records for the exact procedure.
- If you want the facility sanctioned, file with SUSALUDIt's free and needs no lawyer. It can end in a fine against the facility or its closure, but — as far as we could confirm, without official verification — not in a payment to you.
- If you want compensation, consult a lawyer about the civil routeThis is the claim that can actually pay you, aimed at both the professional (Article 36) and the facility (Article 48) under Ley 26842. You have two years from the event (Código Civil Article 2001) — don't put it off.
- If the harm was severe, ask about the criminal track tooA criminal defense lawyer can assess whether the case also supports a separate criminal complaint alongside the civil lawsuit. This page can't give you the exact articles and penalties because we couldn't verify them in this research.
What people fail to ask in time
What if what you actually need isn't a sanction against anyone, but covering medical costs or a disability the negligence left you with?
Find out before it matters →What most people believe — and what the law says
If I file a complaint with SUSALUD, my compensation comes from that.
Per press reporting — not confirmed against the official regulation's text — a SUSALUD administrative complaint can end in a fine against the facility (up to 500 UIT) or its closure, but that fine doesn't reach your pocket. If you want money, the path is a separate civil damages lawsuit.
Only the doctor who treated me can be held responsible, not the clinic.
Article 48 of Ley 26842 says the opposite: the health facility is jointly and severally liable for damages caused by the negligence of professionals working there under an employment relationship. A claim can — and usually should — target both.
I have forever to sue over medical malpractice.
Article 2001 (inciso 4) of the Código Civil sets a two-year deadline for the extracontractual-liability damages claim, generally counted from when the harm occurred. Past that window, the civil route can be time-barred.
Frequently asked questions
Where do I start if I suspect medical malpractice?
Two possible paths, for different goals. If you want the facility sanctioned, a free SUSALUD complaint (hotline 113, in person, or SUSALUD's portal). If you want compensation, you need a civil damages lawsuit, usually with a lawyer, within the two-year deadline set by Article 2001 of the Código Civil.
Does a SUSALUD complaint pay me anything?
Per press reporting we could not verify against the official regulation, no: an administrative complaint's outcome is a sanction against the facility (a fine or closure), not a payment to you. We could not confirm this point directly against the text of the regulation that should govern it, so we treat it as unverified, even though it matches how specialized outlets describe the process.
Who can I file against: the doctor, the clinic, or both?
Both. Article 36 of Ley 26842 holds the professional liable for their own negligent, reckless or unskilled practice, and Article 48 holds the facility where they work under an employment relationship jointly and severally liable.
How long do I have to sue?
Two years from the event, under Article 2001 (inciso 4) of the Código Civil, as amended by Ley 30179. That's the deadline for the extracontractual-liability damages claim; it's worth consulting a lawyer as soon as you suspect negligence rather than waiting.
Can there also be a criminal case?
If the harm is severe — death or serious injury — the conduct may also carry criminal consequences, separate from the civil lawsuit. We could not verify against an official source the specific articles and penalties that would apply to a medical-negligence case in particular, so this page doesn't cite them: for that track, consult a criminal defense lawyer.
Can the Colegio Médico del Perú also sanction the doctor?
The Colegio Médico has its own internal disciplinary process for ethical violations by its members, but we could not verify its exact procedure against an official source in this research, and that process doesn't pay you compensation either: it's a separate channel, focused on professional conduct, not money.
The exact law
Ley N.° 26842Artículo 36read
General Health Law — health professional's liability for damages caused by negligence, recklessness or lack of skill
«Los profesionales, técnicos y auxiliares a que se refiere este Capítulo, son responsables por los daños y perjuicios que ocasionen al paciente por el ejercicio negligente, imprudente e imperito de sus actividades.»
↳Artículo 48read
General Health Law — the health facility's joint and several liability
«El establecimiento de salud o servicio médico de apoyo es solidariamente responsable por los daños y perjuicios que se ocasionan al paciente, derivados del ejercicio negligente, imprudente o imperito de las actividades de los profesionales, técnicos o auxiliares que se desempeñan en éste con relación de dependencia.»
Ley N.° 30179Artículo único (amends Código Civil Article 2001, inciso 4)read
Two-year prescription period for the extracontractual-liability damages claim
«A los dos años, la acción de anulabilidad, la acción revocatoria, la acción indemnizatoria por responsabilidad extracontractual y la que corresponda contra los representantes de incapaces derivadas del ejercicio del cargo.»
Also searched as: how to report medical malpractice in peru · medical negligence compensation peru · where to complain if a doctor harmed me peru · how long do I have to sue a clinic for malpractice · does susalud pay compensation · free medical negligence complaint peru
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What this page already lets you do
- Name the rule that protects you
- Copy the exact article and send it
- Follow the steps, in order
What this page does not give you yetThis page rests on three citations personally verified against official sources (Ley 26842 Articles 36 and 48, and Código Civil Article 2001 inciso 4 via the amending Ley 30179). The rest falls short of that bar: the claim that a SUSALUD administrative complaint does not produce compensation comes from a press report (Salud con Lupa), not from the text of the regulation that should govern it — we could not confirm it directly against that regulation. We also could not verify CECONAR's (the health conciliation service) exact procedure, or the specific Código Penal articles and penalties that might apply in severe cases, against an official source — so this page describes the criminal track only in general terms, without citing specific articles or penalties. See the sources ↑