Doctor Manuel David Tomás Barberán has been acquitted of negligent homicide. The judge considers that there are scientific doubts about whether his actions caused the death of the former mayor of Sa Pobla, Joan Comes.
The Criminal Court number 3 of Palma has acquitted Doctor Manuel David Tomás Barberán, who was head of the ENT department at Son Espases Hospital, of the crime of negligent homicide for which the Prosecutor's Office sought two years in prison. The ruling, made public this Tuesday, concludes that it has not been proven that the surgical intervention he performed on the former mayor of Sa Pobla, Joan Comes, eleven months before his death, was the cause of death.
The magistrate who issued the ruling points out that there are reasonable doubts about the causal relationship between the doctor's actions and the patient's death. Specifically, the ruling emphasizes that the patient suffered from an extremely serious illness, with multiple relapses and aggressive prior treatments, making a fatal outcome compatible regardless of the intervention.
The case dates back to 2019 when Comes, who had been mayor of Sa Pobla from 1995 to 1999, underwent surgery for a tumour in the head and neck area. The Prosecutor's Office argued that Barberán undertook the operation without having participated in the medical committee that had evaluated the patient and that he used a surgical technique that was not well-experienced, which may have contributed to the tumour advancing and causing death. However, the defence, led by lawyer Jaime Campaner, presented an expert report supporting the correctness of the medical actions.
During the trial, held earlier this month, half a dozen doctors from Son Espases testified questioning Barberán's practice. However, the judge downplays those testimonies, noting a "manifest situation of personal and professional confrontation" between the accused and the other doctors in the department. The ruling recalls that there have been mutual complaints and lawsuits, so their statements must be evaluated "with caution".
Furthermore, the magistrate criticizes the forensic report presented by the prosecution, considering it to have a "limited foundation" and that it was prepared by a doctor who is not a specialist in otorhinolaryngology. In contrast, she gives more weight to the expert report from the defence, which she considers more complete and reasoned.
The judicial ruling emphasizes that to convict a healthcare professional of negligent homicide, it is not enough to prove a possible incorrect action; it is essential to demonstrate with certainty that this action was the cause of death. In this case, the judge concludes that the public prosecution did not manage to dispel doubts about whether the operation determined the patient's death.
Before the oral hearing, the private prosecution, exercised by the family of the former mayor, withdrew from the process after reaching a compensation agreement with Doctor Barberán. Therefore, the only accusing party during the trial was the Prosecutor's Office, whose request for conviction has ultimately been dismissed.
The ruling is not final and can be appealed to the Provincial Court of Baleares. Doctor Barberán, who has maintained his innocence at all times, can now resume his professional activity, although his future at Son Espases is still unclear, given the climate of tension that has been experienced in the ENT department.
The case has had a significant impact in the healthcare sector of Baleares, as it involves a senior hospital official prosecuted for the death of a patient. The acquittal sets a precedent regarding the difficulty of establishing criminal responsibilities in contexts of medical discrepancies and serious prior illnesses.
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