First criminal investigation case of a doctor for conditioning medical attention to speaking Spanish

BarcelonaA Barcelona court has summoned a doctor from a private hospital to testify as an investigated party for the alleged discrimination suffered by a patient when he spoke in Catalan during an emergency room visit, as reported by the ACN. According to the complainant, the woman said she would not attend to the man if he did not speak to her in Spanish. The court order complies with the mandate of the Barcelona Court, which revoked the initial dismissal and demanded an investigation into the events. The patient, a victim of the alleged linguistic aggression, will testify on the same day, December 1stas reported by Acció Cassandra.

It is the first healthcare case of alleged Catalanophobia to reach this phase—a judicial investigation order—despite the Public Prosecutor's opposition to the appeal. As highlighted by Lluís Gibert, president and lawyer of Acció Cassandra, "this is the first known case in which a medical professional is judicially summoned as an investigated party in a criminal case for having allegedly conditioned care on the patient stopping the use of the Catalan language". For the organization, the relevance lies in the fact that the complaint overcomes the initial dismissal and translates into an effective investigation into the possible criminal liability of the doctor.

Acció Cassandra aims to see if "humiliating and discriminatory treatment against a member of the Catalan national minority" can entail criminal liability, beyond the administrative channels of linguistic protection, which are those that have been used in these cases until now.

The court has expressly agreed to take a statement from the doctor at the former Clínica Diagonal, now Diagonal Hospital, of FIATC, in the capacity of a person under investigation. The court unanimously upheld the appeal, despite the opposition of the Public Prosecutor's Office, and considered that the dismissal had been premature and lacking sufficient justification. The court pointed out that a criminal offense could not be ruled out without investigation and considered the statements of the patient and the accused to be essential.

The reported events date back to June 2, 2025. Gerard Insa went to the emergency department of the Clínica Diagonal in Esplugues de Llobregat due to a shoulder injury. According to the complaint, the doctor allegedly told him, in Spanish: "If you don't speak to me in Spanish, I won't attend to you." The patient clarified that he did not demand that she speak Catalan and asked for another professional if she did not understand him. Finally, the examination was carried out with the mediation of his father, who spoke in Spanish with the doctor. The prosecution suggests that the facts may constitute crimes against moral integrity, hate crimes, or discriminatory denial of a service, pending the classification that corresponds based on the investigation.

Insa reported the case on social media and completed the procedures for the center's suggestion form and the complaint to the Department of Health. He later placed the case in the hands of Acció Cassandra, which defines itself as a civil and legal defense association for the Catalan national minority, with whom he filed the complaint.