The current Spanish health system suffers from a series of flaws which the Covid-19 crisis has made more acute. These deficiencies have an impact on the diagnosis, which is sometimes late, increasing the risk of the disease becoming more serious, especially cancerous tumours, in some of which early diagnosis is essential. In this matter two figures are interpolated whose profiles are not always clear: the loss of opportunity and malpractice, with transcendence in the compensatory consequences. Since in the first one the probabilities that the patient has been deprived are compensated, while in the second one the totality of the damage is compensated. The present doctrinal work is aimed at examining the differences between the two figures.
PALABRAS CLAVE Diagnóstico, pérdida de oportunidad, mala praxis, cuantificación del daño, transmisibilidad daños personales