Daniel Salvador , head of the Criminal Law department at Vosseler Abogados , appeared on the TVE program 'Segon cafè' to explain the complaint regarding " negligence in care" that resulted in the death of a patient at Bellvitge Hospital due to burns in the shower.
The law firm Vosseler Abogados has taken on the representation of the family of Eduardo Martínez, a 70-year-old man who died after suffering severe burns to 18% of his body while hospitalized at Bellvitge Hospital. What began as an admission for pneumonia ended in a tragedy that Barcelona's Court of Instruction Number 132 is now investigating as a possible crime.
An inexplicable accident in a safe environment
Eduardo Martínez was about to be discharged from the hospital after recovering from pneumonia. However, 24 hours before going home, he suffered an " accident" in the hospital showers. Due to a previous tracheostomy , Eduardo was a particularly vulnerable patient : he couldn't scream or call for help as the extremely hot water caused critical burns on his arms, legs, and torso. After weeks of agony in the burn unit at Vall d'Hebron Hospital, Eduardo died at the end of February 2024.
"Negligence in care and criminal nature"
In his appearance on 'Segón cafè', Eduardo's family lawyer, Daniel Salvador, was emphatic about the seriousness of the events. According to the lawyer, this was not a simple accident, but a systemic failure in patient care that led to Eduardo's death from burns at Bellvitge Hospital.
"What is not normal is that someone has been burned by prolonged exposure to hot water in a hospital shower. I have no doubt that this negligence constitutes a crime ," Salvador stated.
The lawyer highlighted several key points on television that support the complaint:
- Patient vulnerabilityEduardo did not have full autonomy and his physical condition prevented him from reacting or alerting others to the danger.
- Non-compliance with protocolsSalvador maintains that, had the security and surveillance protocols been followed, the outcome would have been different. "If the protocols had been followed, this wouldn't have happened."
- Water temperature: It is legally relevant to determine why a hospital's hot water system allowed temperatures capable of causing burns of such magnitude (18% of the body).
In search of the truth
Salvador explained on TVE that, after the case was initially shelved pending the autopsy, the Barcelona Provincial Court ordered its reopening thanks to an appeal filed by Vosseler Abogados. Thus, the current proceedings initiated by lawyer Daniel Salvador focus on:
- Staff identification: A detailed list of the healthcare staff on duty on the day of the events has been requested.
- Caregiving responsibilities: Determine who should have supervised Eduardo and why he was allowed to shower without the necessary assistance given his frailty.
- Clarification of the facts: For the family, represented by their son Óscar, the legal process is the only way to obtain the explanation that the hospital has not provided.
Vosseler Abogados' commitment
The case of the patient who died from burns in Bellvitge came to the firm due to the complexity of the matter and the firm's track record in medical malpractice and highly complex criminal cases. Daniel Salvador, along with managing partner Daniel Vosseler, are leading an investigation that seeks not only restorative justice, but also answers.
" Knowing what happened helps to close a circle and manage the pain ," concluded Daniel Salvador, who reaffirms the firm's commitment to " go all the way " so that negligence of this type does not go unpunished or happen again in the healthcare system.
