The High Court of Justice of the Valencian Community (TSJCV) has upheld a 15-day suspension without pay imposed on a Torrevieja Hospital dermatologist who repeatedly refused to treat patients.
The court rejected the doctor’s appeal against an earlier ruling by Elche Social Court No. 1, finding no evidence of “manifest error, arbitrariness or irrationality” in its assessment of the case.
The disciplinary action was imposed by the Valencian Health Department in June 2023, when the doctor was head of Torrevieja Hospital’s Dermatology Department.
According to the judgment, the hospital’s Patient Information and Assistance Service received 47 complaints relating to the specialist between January 1 and March 9, 2023. Nine were submitted in writing.
The complaints included repeated allegations that the doctor unjustifiably rejected requests for specialist consultations made by primary care doctors and other hospital departments. There were also claims of inappropriate or degrading treatment of patients.
Cases referred to in the disciplinary file involved potentially serious conditions, including bleeding skin lesions, pustular psoriasis, rapidly developing tumours and nodular melanoma.
The lower court’s ruling also referred to 202 verbal and written complaints received over a 12-month period, many involving the alleged systematic rejection of consultation requests by the head of the department.
The doctor argued that the allegations had not been proven and that the disciplinary proceedings had breached his right to judicial protection and the presumption of innocence.
However, the TSJCV ruled that the Elche court had adequately explained why it considered the documentary evidence credible.
Judges also rejected the doctor’s argument that appointment-scheduling and patient-prioritisation guidelines justified his decisions. They said such procedures did not release him from the responsibilities of his position.
The court concluded that the repeated and unjustified rejection of specialist-care requests had affected patients’ right to receive appropriate treatment with adequate quality and professional diligence.
The ruling may still be appealed to Spain’s Supreme Court for the unification of legal doctrine.
