Doctora tocando el brazo de un paciente en la cama


Judgment No. 1082/10 of the Court of First Instance No. 3 of Coria del Río on civil liability matters is presented. The plaintiff and client of this firm, filed an appeal against the aesthetic and insurance company of the same, for damages suffered during a UVA treatment, valued at €7,925.84, plus legal interest and costs.

None of the defendants responded to the lawsuit within 20 days after the admission of the procedure, which was estimated as a procedural situation of default.

According to the testimony of the plaintiff and the workers of the aesthetic center called to testify, our client went to the center where she had previously undergone the same UVA treatment. The machine used for this did not have the corresponding protectors because it was in a state of maintenance. There were no signs indicating this situation, and the machine was not disconnected either, thus preventing its use. Our client entered the machine, unaware of this situation, which had not been reported to her by the workers at the center, which caused her widespread burns and prevented her from carrying out her usual tasks for 10 to 15 days. According to the forensic medical report, initially a slight aesthetic damage qualified at 1 point was created, due to redness in the chin region.

After the preliminary hearing was held, in November, a doctor diagnosed our client with lentigines for which no medical treatment is prescribed, and she can only protect herself with photoprotection 50, avoiding, of course, using UVA cabins again. This increases the aesthetic damage that is valued according to the new forensic medical report by 2 points. Finally, the sentence is resolved in favor of our client who received as compensation, the amount of €2,316.34 plus interest, from the beauty center and the insurance company associated with it, who had to respond jointly and severally.

Download the full judgment in Spanish clicking here

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