Family of 39 -year -old man who died after hair transplantation in Spain denied compensation

A provincial court at Biscay in the northern part of Spain rejected the civil trial filed against a doctor and a clinic in Bilbao for Raphael’s death-a 39-year-old Cantabrian who died in 2019 shortly after suffering a crisis during surgery. The judges rejected the claim, which requested compensation of up to 633,000 euros, stating that there was no negligence or negligence on the part of the doctor or the Dermitek Center.

The sentence is offended by Rafael’s family and is pending before the Supreme Court. This is the family’s last chance to receive compensation and confirmation, as criminal investigation was finally closed in August. The court then closed the resumption of the case, which had been requested by a new report of experts claiming that the man had received an abnormal amount of anesthesia.

The judge’s final decision, backed by the judges, is that death is due to “sudden cardiac arrest without structural alteration, with a channel suspicion”. Rafael’s sickness would coincide in time with the hair transplant function, as reported by one of the medical experts. As a result, the court rejected a causal relationship.

Rafael’s family appealed and tried to prove several irregularities, showing 11 reasons to maintain the appeal. Some of them could demand the test of the test. For example, their lawyer stated that the decision not to admit, when the procedures were already in progress, an expert report warning of a “anesthetic overdose” during the business may have endanger the legal process.

The appeal

Such a reference was not initially given, because Raphael’s autopsy was decisive, stating that the natural cause of death was due to Brugada’s syndrome, which has a possible genetic origin. The autopsy does not refer to possible abuse of lidocaine as an anesthetic. It was later that Raphael’s brothers took a test, which excluded the family’s genetic sensitivity to cardiac arrest due to Brugada. This detail was added to the family’s appeal to the Supreme Court.

However, the new information and the analysis of the report were not accepted “because of the opposition of the Biscay College”. According to the family (who have been ordered to pay the costs of the most recent trial), this would only be a reason to cancel the hearing and return the procedure. It is also stated that the fact that various questions about how the anesthesia was given was left unanswered.

The rest of the irregularities refer to the alleged lack of proper informed consent signed by Rafael, a lack of medical material to respond to the crisis that took place during surgery and failures in the care and coordination of first aid. Finally, the appeal stressed that the dead man suffered a “disproportionate damage” to a business that was supposed to provide only one implant from the aesthetic hair.