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A Murcia court has ruled that the Murcian Health Service must pay a patient €20,000 because doctors failed to properly warn him about key risks before surgery for Peyronie's disease, where scar tissue causes painful penile curvature. It's an unusual decision that highlights informed consent, even though the operation itself was carried out correctly.

 

The man had tried conservative treatments without success, leading to corporoplasty (a surgery to straighten penile curvatur), which is a recognised procedure for the condition. He claimed over €67,000 in compensation for complications including shortening and other persistent issues. The Administrative Court of the High Court of Justice of the Region of Murcia found no medical negligence, noting the surgery was "clinically indicated" and followed standard practice. Side effects like these are "inherent risks of the technique used and... well-known in medical literature."

 

The issue came down to the consent form. Judges ruled it was too generic, lacking specifics on how the procedure "was not essential for the patient's health, there was no guarantee that it would resolve the problems he was experiencing, and furthermore, there were very frequent negative effects or complications." There was no clear mention of shortening's likelihood or its impact on intimacy. "Informed consent is not a mere formality," the court stated, “it's a fundamental patient right” and skimping on details amounts to a service failing.

 

Compensation was finally set at €20,000, about 40% of his claim, as he had signed a form (albeit incomplete) and his condition wasn't particularly worse overall beyond the shortening.

 

It's a case with a wry twist: no fault in the surgery, but a reminder to ask the hard and potentially embarrassing questions before any non-essential ops. As the judges noted, "generic and content-free information" doesn't meet the mark when personal health is at stake.

 

 

Image: Chatgpt