A court date has not yet been set.
Prosecutors allege that the eight medical professionals charged in Maradona’s death “breached the duties for which they were each responsible,” which subsequently “resulted in an otherwise avoidable patient death,” according to court documents.
In his ruling on Wednesday, Judge Orlando Abel Diaz said the eight defendants did not act with the “thoroughness” required by their positions as medical professionals in charge of Maradona’s fragile health.
According to Díaz, the defendants did not take “any saving action” that could have prevented Maradona’s death, despite being in positions of “guarantors” able to act and aware of his “risk situation”.
According to Diaz, the defendants’ alleged failure to comply with “good medical practice” met the legal criteria of “malicious intent” required for them to be charged under Article 79 of Argentine law, meaning they could face eight to 25 years in prison.
In his ruling, Diaz also denied five petitions for nullification and motions for dismissal by the defendants’ lawyers.
The judge also said that two of the accused would stand trial on additional charges. Neurosurgeon Leopoldo Luca has been charged with using a false private document and psychiatrist Agustina Kosachov has been charged with ideological lying after she is accused of signing Maradona’s mental health certificate without visiting him, according to court documents seen by CNN.
Luque’s lawyer told CNN Español that he is denying the allegations against him and is appealing the court’s decision.
CNN contacted Kosachev’s lawyer but received no immediate response. In December 2020, Kosachev’s lawyer told CNN that his client “adopted medical common sense.”
CNN’s Ben Church, Homero De la Fuente, Jack Guy and Ivan Perez Sarmenti contributed to the story.