She underwent knee surgery, died in the hospital and the courts ruled with a compensation of more than $100,000 for ‘disproportionate damage’

In Spain’s capital city Madrid, the High Court of Justice (TSJ) has ruled against the regional government and its insurer, Société Hospitalière d’Assurances Mutuelles (SHAM), over the death of a 66-year-old woman following surgery.

Tragic loss during covid

It all began on January 14, 2021. The patient had come out of surgery that afternoon, but was not transferred to a hospital ward until the following day. “That already seemed strange,” her son told El País. “We thought something hadn’t gone well. She hadn’t felt well from the start. They even told us a family member had to be with her at all times – and this was during covid.”

The woman’s condition deteriorated rapidly. She became extremely agitated and had to be restrained. Two days later, she was moved to the ICU at Gregorio Marañón Hospital. The knee replacement operation had taken place at Santa Cristina University Hospital in order to avoid the surgery waitlist.

Upon arrival in the ICU, the patient began to have respiratory issues. “I remember the moment when, right beside me, she started struggling to breathe,” her son recalled. On March 2, just over a month after the procedure, she died surrounded by her family.

Family demands justice

After her death, the woman’s family filed a lawsuit over what had happened. Now, following three years of legal battles, the Madrid High Court has ordered compensation for both relatives for “disproportionate harm” and for violating the patient’s right to be informed.

The woman had been admitted with a pre-existing medical history that included allergies and conditions which could lead to complications during surgery. In such cases, patients must be clearly informed of the risks involved, and must sign a written consent form.

In light of this, the judges concluded that the authorities had failed in their professional duty by not informing the patient of “the specific risks given her medical history.”

The legal turning point came with the application of the concept of “disproportionate harm.” César Lama, the lawyer representing the woman’s widower and son, explained that when a routine operation leads to a fatal outcome, the burden of proof shifts – and it is assumed that something went wrong unless the medical professionals can prove otherwise.

The ruling on compensation

In its June 12 judgment, the Madrid High Court upheld the family’s claim for compensation from the regional health authority and its insurer. The court awarded €100,000 (around $108,000) to the family for the harm caused.

Although the family had initially sought €150,000 (around $162,000), citing medical negligence, the court approved a payment of €80,000 ($86,500) to the victim’s widower and €20,000 ($21,500) to her son.

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