The Superior Court of Justice of the Balearic Islands has absolved IbSalut of all responsibility in the death of a child just over a year old at Son Espases hospital (Palma) in 2019, following an adverse reaction to anaesthesia during surgery.
The Superior Court of Justice of the Balearic Islands (TSJB) has issued a final ruling exonerating the Health Service of the Balearic Islands (IbSalut) from any responsibility in the death of a 14-month-old child that occurred in 2019 at Son Espases hospital in Palma. The child died after suffering an unpredictable adverse reaction to the anaesthetic drug during a scheduled surgical procedure.
The child's parents, who were born in 2018 with a finger malformation, filed an administrative lawsuit against the Balearic public health system, believing that the anaesthetist had not informed them of all possible risks. However, the Administrative Litigation Chamber of the TSJB has rejected their claims and stated that the medical action was correct and in accordance with established medical practice.
An unpredictable and inevitable reaction
The child had already undergone successful surgery a few months after birth at the same hospital to correct the congenital malformation. The doctors had warned that several interventions would be necessary throughout his growth. The second operation took place in 2019, and the parents signed the informed consents from both the surgeon and the anaesthetist, which detailed the possible risks, including adverse reactions to anaesthesia, even though these were infrequent.
The surgery proceeded without incidents, but during the awakening process, the child did not respond. The drug caused a negative reaction that became fatal within a few hours, with the doctors unable to reverse it. The forensic report concluded that it was an unpredictable and inevitable complication, leading the court to archive the criminal case.
The parents, devastated, did not blame the surgeon, who had done everything possible, but rather the anaesthesia service. Unable to prove negligence in the operation, they opted for the administrative route, claiming a lack of information about all possible risks.
The informed consent, key in the ruling
The court has noted that, although the administrative file did not contain the anaesthetist's consent document — a fact that the ruling describes as "certainly irregular" — the parents had already signed a similar consent in the first operation, which did detail the possible adverse reactions. For the Chamber, this demonstrates that the information was provided and that the parents were aware of the risks.
The ruling emphasises that it has not been proven that the anaesthetist concealed information or acted negligently. The reaction to the drug was unpredictable, and the doctors followed the established protocol. Therefore, the TSJB dismisses the lawsuit and absolves IbSalut of any financial responsibility.
For the residents of Palma and the Balearic Islands, this ruling reinforces confidence in the public health system: the professionals acted in accordance with science and the law, and no responsibility can be attributed when an adverse event is inevitable. The case highlights the importance of informed consents, which in this case, despite the absence of the specific document, were deemed sufficient due to the prior information.
The parents, who have fought for years in the courts, now see the judicial route closed. The ruling is final and no ordinary appeal is possible. IbSalut has expressed its respect for the judicial decision and has conveyed its condolences to the family.
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