The Ministry of Health has decided not to appeal the order of the National Court that has suspended the so-called “Sara law”, the regulations that prohibit cosmetic surgeries from doctors who are not plastic surgeons. Health promoted this measure to fight against professional intrusion. But, above all, for improving the safety of this type of intervention after the death of Sara Gómez, who died due to complications from liposuction performed by a cardiovascular surgeon without the specialty of plastic surgery.
Sara died on January 1, 2022 after spending 28 days in the Intensive Care Unit. His family then claimed that he suffered perforations with the cannula used to extract the fat, which led to hemorrhage and damage to numerous organs.
The legal changes undertaken by the Ministry of Health were a victory for Sara Gómez’s family. They were also applauded by plastic surgeons, although rejected by the Spanish Society of Aesthetic Surgery, made up of doctors who are not plastic specialists and consider themselves harmed by the new regulations. This organization is the one that has achieved the precautionary suspension in the National Court due to formal defects because the prohibition of other specialists from operating was approved by a ministerial order, a legislative modification of lower rank than the Royal Decree of 2003 that did allow it.
The Ministry of Health has decided not to resort to it to save time, the same time it wanted to save when it decided to modify annexes with a ministerial order. Although her new decision could be interpreted as a resignation, sources from Mónica García’s department assure that the intention is to advance new regulations because the appeal in the National Court would delay the process even more.
Competencies
In line with the recommendations of the State Attorney’s Office, the defense will be prioritized in the contentious administrative trial. In parallel to this defense, Health is working on other regulations with greater legal certainty to guarantee that plastic surgery interventions are carried out exclusively by professionals with the appropriate training and qualifications. This appropriate training would include plastic surgeons and those with another surgical or medical-surgical specialty who have competencies in aesthetic surgery in their official training program.
Therefore, a cardiovascular surgeon or a traumatologist with a master’s degree in cosmetic surgery could never perform liposuction.
At the moment, the ministerial order remains suspended and nothing changes until Health publishes its new regulations.
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