The Superior Court of Justice of the Balearic Islands (TSJIB) has confirmed the sentence of eight and a half years in prison for a man for stabbing his mutual doctor with scissors.
This has been announced by the Official College of Physicians of the Balearic Islands (Comib), which appeared as a private prosecutor in defense of the doctor with the lawyer Marian Fuster.
The High Court has rejected a defense appealthus ratifying the resolution issued by the Provincial Court, for a crime of attempted murder. It also confirms the compensation of 8,000 euros for the victim.
The events occurred in February 2023, when the accused went to the mutual insurance company, referred from a private clinic, after suffering a traffic accident. The aggressor had injuries to his leg and hand as a result of this work accident..
Upon entering the treatment room, the doctor saw that the accused had left a mobile phone recording video on a table next to the stretcher. The doctor told the patient that he could not record without his permission and that he was going to stop the device. Then, the accused lunged at him and began to hit him with a pair of splint-cutting scissors, which fortunately had a safety tip. He tried to stab him in the chest and neck, but the doctor did not suffer serious injuries. The doctor shouted for help and other center workers came and found the aggressor struggling with the victim, with the scissors in his hand.
The Court’s ruling stated that “If a more serious result did not occur it was due to circumstances beyond their controlTherefore, although the instrument was suitable for taking a person’s life, the protection system that the scissors had and the circumstances that arose in the attack determined that the intended purpose was not achieved.
In this sense, for the magistrates it is clear that the aggressor had “a clear intention of wanting to cause the death of the other person, at the same time it represents a surprising action, characterized by a sudden, unexpected, sudden and unforeseen attack, taking advantage of the fact that the victim was on the stretcher and with his back to his attacker. For this reason, he condemns him for the crime of attempted murder.
Before the events, the doctor had decided to apply the psychiatric protocol to the accused because when speaking with him on the phone “he began to say incoherent things, like that he was kidnapped in the clinic and needed the police,” according to the victim explained in the trial.
The victim also reported that the clinic staff who referred the accused to their center had already warned him that the patient was very aggressive. According to the complainant, uA doctor told him that the accused had threatened “to send him some hitmen” and “the nurses refused to do the treatments.”
In any case, the forensic examiner who examined the accused concluded that the man is attributable as he did not find any psychiatric pathology that would impair his abilities.
During the trial the accused appeared quite upset and the president of the Court had to call his attention on several occasions to keep him silent. The accused gave confusing explanations about the events, accusing the doctor of having attacked him, a version that was completely denied by the witnesses.
The doctor regretted that he had felt “very mistreated” at the mutual insurance company, since the management told him that if the accused was released from prison he would have to treat him. For this reason, he ended up giving up his place, as well as another place in prison, because he knew that the accused “was there.”
The College of Physicians has stressed that “an attack on a medical professional breaks the trust necessary to guarantee adequate healthcare.” For this reason, it maintains its commitment to appear as a private prosecutor in all complaints related to attacks, mental or physical, to professionals in the workplace and to offer all doctors in the Balearic Islands immediate and direct legal advice when they suffer attacks.
