The third section of the Provincial Court of Alicante has confirmed the penalty of one year in prison and a fine of 2,160 euros imposed on a cardiologist from Alicante who accessed the medical history of his domestic employee when the worker was on sick leave.
The Chamber thus confirms a sentence of the Criminal Court number 6, which considered the accused the author of a crime of discovery and disclosure of secrets, but acquitted him of the crimes of sexual harassment and mental injuries to the victim.
On April 23 and May 8, 2018, according to the resolution, the doctor accessed the medical record of the assistant from the service of the Cardiology Unit of the Hospital de San Vicente del Raspeig, where he worked.
The worker had been in a situation of incapacity for work since April of the same year and the convicted person accessed his medical record without his consent or authorization, only to know the reason for the absence from work, as there is no evidence that he was providing medical assistance or follow-up or any assistance on those dates.
The injured party suffered a reactive disorder that affected her socially and professionally, although the court does not consider proven that the pathology was related to the conduct maintained by the accused, whom she accused of making sexual advances, gestures and touching, actions that judgment is not considered creditable.
The woman had started working as a maid in the doctor’s house in 1998 and for the last 15 years she had rented with her son in a house owned by the man and his wife, whose payment was deducted monthly from her payroll.