European Court of Human Rights.

After his admission, a surgical operation was carried out on 20 January, followed by a second operation on 24 February 2009, and a third emergency operation on the same day as the second one. The Court considered that the issues raised by the applicant's parents concerning important questions of consent and the possible liability of health professionals had not been properly addressed during the domestic proceedings, which induced the Court to conclude that they had not been sufficiently effective. The Court noted in particular that the domestic courts had not given any reason why the consent to the second operation had not satisfied the condition established in Spanish law to the effect that each surgical act required separate written consent. [Extracted from the article]

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