The Sevilla prosecutor”s office has initiated an investigation following allegations from the patient advocacy group Amama regarding possible alterations or disappearances of mammograms and ultrasounds within the Andalusian Health Service (SAS) system. The claims suggest that some patients received modified medical reports that changed findings from “suspicious lesion” or “inconclusive (BIRADS-3)” to “probably benign,” with reports indicating that the names of radiologists had also been omitted.
The Junta de Andalucía has categorically denied any manipulation of test results, attributing discrepancies to a “technical incident” within the Clic Salud+ platform, which manages patient medical records. Health Minister Antonio Sanz initially referred to the allegations as “fabrications” but later characterized the situation as a temporary system failure, drawing parallels to issues experienced by companies like Amazon.
The prosecutor”s office”s decision to open an inquiry reflects growing public concern and a significant crisis of confidence in the health system, highlighting the importance of maintaining the integrity of digital diagnostic tests. The SAS oversees millions of medical records through systems such as Diraya, accessible to healthcare professionals, and Clic Salud+, which allows patients to view their test results and prescriptions. These systems are interconnected to ensure that patient data remains updated and changes are reflected concurrently.
In accordance with the Criminal Procedure Law, Amama submitted a report to the prosecutor”s office on October 21, stating that they were compelled to inform the judiciary of potentially criminal activities related to these alleged alterations. Amparo Díaz, the attorney representing Amama, emphasized that the report was based on information received from an affected individual regarding the supposed manipulation or disappearance of medical data.
Díaz expressed hope that the prosecutor”s office would initiate specific inquiries into the matter, potentially interviewing both the president of Amama and the individual who may provide evidence of the alleged manipulation. The prosecutor”s office will assess whether there are sufficient grounds to escalate the investigation to a judicial process.
Spanish legislation, including the Law 41/2002 on Patient Autonomy, mandates the preservation of medical documentation in an integral and accessible manner. The Penal Code includes provisions against the forgery of public or private documents, illegal access to or alteration of electronic data, and offenses against public health if the manipulation impacts diagnoses. Additionally, the Organic Law 3/2018 on Personal Data Protection requires the safeguarding of clinical data integrity, confidentiality, and availability, mandating notifications of any alterations to the Spanish Data Protection Agency.
Amparo Díaz highlighted another critical potential offense: obstruction of justice, as outlined in the Organic Law 10/1995 of the Penal Code. She noted that hindering the judicial process during investigations of medical negligence, such as through the disappearance or manipulation of documentation, constitutes a serious violation that is punishable by law.
The judicial path for Amama”s complaint, which is already under investigation by the Sevilla prosecutor”s office, will largely depend on the actions taken by this body. According to Díaz, the prosecutor”s office is expected to take an interest in the allegations and conduct investigative proceedings to determine if there are indications of wrongdoing that warrant further judicial actions. This investigation is in its early stages, but it signals a developing effort to ensure accountability in the ongoing cancer screening crisis.
