Javier Alejandro Masso, the surgeon who is being sued for reckless homicide by the family of a 39-year-old woman from Murcia, who died a month after undergoing liposuction in a private clinic in Cartagena, has been released after attending a court hearing in the city on Wednesday, and following the forfeiture of his passport.

After appearing in court voluntarily, following the issue of an arrest warrant on Tuesday afternoon, he was warned that he will incur a crime of breach of disobedience if he does not comply with the precautionary measures imposed, as requested by the private prosecution.

Related: Woman admitted to Cartagena ICU dies after undergoing liposculpture

According to sources from the Court, it has not pronounced on the disqualification of the physician, as was requested by the accuser, stating that such a measure can only be imposed in criminal law as a penalty following a conviction.

The woman, identified as Sara, aged 39, was admitted to Santa Lucia Cartagena ICU in a critical condition after liposuction with her family has maintaining that she suffered medical negligence which included multiple perforations and injuries to the kidney, liver, duodenum, and colon and the intestine, while undergoing the cosmetic surgery operation in a private clinic, Virgen de la Caridad de Cartagena on December 2.

It is said that Sara told the surgeon that she already had had a tummy tuck and asked if she could carry out a further cosmetic operation. The surgeon reportedly assured her that there was no problem.

“It is something that could have been avoided, but for the bad advice of the surgeon,” said Sara’s ex-partner, Ezequiel Nicolás.

Following Tuesday’s brief hearing, Sara’s family confirmed that they are also considering extending the prosecution to a number of other people who were in the operating theatre at the time including some, allegedly, without any medical training.

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