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The Court of Appeal overturned the decision of the Ministry of Health that imposed a warning penalty on a surgeon at a government hospital, confirming that the decision was based on illegal grounds. It emphasized that the technical committee found no evidence of medical malpractice or professional misconduct, and that the diagnosis and treatment were carried out according to approved protocols. The Appeals Committee had based its assessment on a mistaken evaluation, which led to the penalty. The court clarified that the doctor exercised due care and there was no evidence of negligence, reinforcing the principle that a doctor is not held responsible unless there is clear professional misconduct supported by sufficient evidence.
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