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The Superior Court of Justice of the Valencian Community confirmed the sentence agreed with the private doctors of Alicante and which declared “the violation of the fundamental right to equality and health of doctors working in private healthcare in the province of Alicantehaving been the Generalitat Valenciana responsible for this violation with its inaction consisting in not vaccinating them -against covid-19-, in clear discrimination with private health personnel”, who were vaccinated as soon as the first vials arrived.
The TSJ thus motivates the sentence issued by the Administrative Litigation number 3 of Alicante in which imposed a compensation of 10,000 euros for non-pecuniary damages and with a sentence of costs of 1,500 euros on the Generalitat Valenciana. Therefore rejects the appeal presented by the Ministry of Health.
Furthermore, since thirty days have passed since the publication of the sentence without an appeal having been presented to the Cassation, the sentence is now final.
Considers the sentence, taking up the motivation of the previous one issued by the Administrative Litigation that “despite the fact that the ‘Instructions for planning vaccination against Covid’ of January 5, 2021, were applicable throughout the Valencian Community, and according to which a priority was established in the vaccination of frontline personnel regardless of whether they practiced in public or private health, however said mandate was neglected , giving priority to vaccination against the virus of public health personnel and postponing that of private health care who received treatment much later than public doctors who were vaccinated earlier despite being subjected to the same risks “.
Add the TSJ to that “In this way both the right to equal treatment under Article 14 of the Spanish Constitution and the right to health under Article 43 of the Spanish Constitution are violated”. Furthermore, he points out that “there were enough vaccines to vaccinate both public and private health groups on absolutely equal terms. Likewise, the evidence provided by the parties is evaluated, reaching the conclusion that the Administration has omitted the obligation to vaccinate private healthcare personnel on the same equal terms.
In this sense the Official College of Doctors of Alicante (COMA) he specified in a statement that “it will initiate a financial liability procedure for moral, personal and material damages for the Department of Health to compensate private doctors in the province affected by the delay in vaccination against COVID-19”.
COMA sent a statement to the association today so that interested private practice physicians can begin processing their application, a process that will be assumed by the association. Since last September 13 to today, almost 150 doctors have already contacted the Legal Department.
They add that in the face of this incomprehensible discrimination in the vaccination process, the COMA makes its legal services available to members to treat each case in a personalized way in the presentation of a patrimonial liability procedure.
Finally, the Board of Directors “welcomes this firm and exemplary judgment on the commitment of the College of Doctors of Alicante in the defense of all its doctors and the profession, and hopes that it will serve as a precedent so that what happened is not repeated. In front to a situation as dramatic as the one experienced, all doctors are the same and it is not possible to distinguish between those who practice in public health care or do it privately.
