The Sala de lo Contencioso-Administrativo of the Tribunal Superior de Justicia de Castilla y León ordered the Junta de Castilla y León and its insurer Relyens to pay 28.000 Euro to a patient at the Complejo Asistencial de Ávila on 28 August 2026. The court found a breach of the lex artis and thereby partially upheld a claim for damages.
According to the court’s findings, the man underwent a scheduled laparoscopic gallbladder removal on 15. Juni 2023 On closure of the access incision, a section of the jejunum was accidentally caught in the suture, causing narrowing, ischaemic damage and, ultimately, perforation of the small intestine. On 16. Juni 2023 the patient had to undergo emergency repeat surgery. The surgeons found faecal peritonitis and extensive ischaemic damage to the jejunum, and resected around 25 centimetres of the affected section of intestine. The patient subsequently required treatment in intensive care, partly because of septic shock.
The claimant had initially sought €62,240.33 after the administration rejected his earlier claim by failing to respond. The judges found liability in principle: the breach of professional standards when closing the surgical access site was the main cause of the serious complications. At the same time, the court found that the medical team acted promptly and appropriately once the complications arose. In the circumstances, the court set compensation at €28,000.
The payment is to be made jointly by the autonomous administration and its liability insurer, Relyens. The case concerns a procedure at the Complejo Asistencial de Ávila and thus the public health service in Castilla y LeónNo information was initially available about whether the decision was final or whether any appeals had been filed.
The ruling further clarifies the requirements of lex artis in public healthcare: errors in the technical conduct of a scheduled procedure generally give rise to administrative liability, even where subsequent clinical management was appropriate. For the institutions and insurers concerned, the decision highlights the financial significance of rare but serious complications arising from routine operations.
Editor: Mira Cadena (Article created with AI assistance).