The judge in Madrid who has been instructing investigations into the death of Silvia Idalia, who died after undergoing aesthetic surgery at the Ceme clinic in Madrid, has filed the case on a provisional basis. This still leaves the way open to a civil case.
In the judge's opinion, the death of the 34-year-old woman, who lived in Palma, was not due to recklessness on behalf of doctors. The judge points to the medical-forensic report. This showed that Silvia Idalia died of septic shock due "to necrotising fasciitis, characterised by the destruction of tissues by multiple germs", which can cause death "despite the correct established treatment". "There was no defect in the surgical procedure or in the post-surgical treatment."
Silvia Idalia was admitted to the La Paz Hospital in Madrid on May 6 this year, having undergone aesthetic surgery on April 29. She was placed in an induced coma and died on July 31. The judge charged two doctors and the clinic itself for a possible crime of injury due to recklessness. The judge is now provisionally shelving the case as he does not see sufficient evidence of a crime.
The judge has meantime turned down the request of lawyers for Silvia Idalia's family to join a process of complaints of nineteen other people allegedly affected by negligence at the clinic. A different court in Madrid is also considering a complaint filed by the manager of the Ceme clinic, Rafael de Tena, against several alleged victims of malpractice. He accuses them of forming a group that has criticised the company in order to obtain money.