The Fourth Section of the Alicante Provincial Court, in its judgment dated July 20, 2023, ruled in favor of a renowned plastic surgeon and her insurer. The case, brought before the Alicante Provincial Court, concerned an abdominoplasty and brachioplasty procedure performed at Hospital Medimar in Alicante on October 20, 2012.

Following the operation, the patient sued the doctor for injuries and sequelae in her left lower limb (specifically, neuroapraxia of the common peroneal nerve). However, the Court of First Instance No. 2 in Elda concluded that there was no liability warranting compensation. This decision, upheld by the Alicante Provincial Court, was based on the adequacy of the information provided to the patient and the correct execution of the surgical procedure and follow-up care.

The patient, dissatisfied with the initial judgment, filed an appeal arguing inadequate information and continued allegations of medical malpractice. However, following the opposition brief by Summons Lawyers, the Fourth Section of the Alicante Provincial Court upheld the initial decision after re-examining the proceedings and evidence presented.

A key point in the defense - led by lawyer Ignacio Montoro Iturbe-Ormaeche of Summons Lawyers - was the informed consent signed by the patient. This document demonstrated that the doctor had fulfilled her duty to adequately inform the patient about the risks inherent in the surgery, as confirmed by appointed experts.

Additionally, it was supported that medicine, by its nature, involves a random component. The Court emphasized that complications can arise even when procedures are performed correctly and in accordance with medical standards.

The judgment of the Alicante Provincial Court concludes by supporting the actions of the renowned doctor, affirming that the patient was properly informed and that the surgical technique and postoperative follow-up were conducted appropriately.

The verdict has reaffirmed the stance of the doctor - and her insurer - who always maintained that she had acted in accordance with medical standards. Summons Lawyers and their partner Ignacio Montoro Iturbe-Ormaeche celebrate this victory, underscoring the importance of providing detailed information and obtaining patient consent.

The judgment stands as one of the most recent rulings of the Alicante Provincial Court in the field of medical liability, highlighting the significance of the duty to inform and obtain informed consent in medical practice.