Rodolfo Calfin was acquitted after being accused of fraud. He is now seeking multimillion-dollar compensation
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An orthopedic surgeon who worked at the Hospital Nacional de Clínicas has filed a lawsuit against the State for $40 million. Rodolfo Calfin was acquitted in a criminal case after being accused of fraud involving a hip prosthesis. He now claims that he was the victim of an arbitrary investigation that affected his personal and professional life.
The conflict began when a relative of a patient reported that they had been made to purchase an imported prosthesis. According to their account, the doctors assured them that the one provided by PAMI had been used in another case. For this reason, they decided to acquire an Italian component to expedite their father's surgery.
Un traumatólogo que trabajaba en el Hospital Nacional de Clínicas inició una demanda contra el Estado por $40 millones.
The judiciary confirmed that there was no crime committed by the doctors
The medical record included the stickers of the components used, both domestic and imported. Federal Judge Alejandro Sánchez Freytes concluded that both supplies were used in the surgery. This was confirmed by postoperative images and by a report from the Forensic Medical Corps.
Prosecutor Enrique Senestrari requested the acquittal of Calfin and the other doctor involved, Marcelo Toconas. The judiciary determined that there was no criminal act or misappropriation of the imported prosthesis. The specialists also explained that the components are compatible and can be combined according to availability.
The criminal investigation concluded in 2024, after two years of proceedings. By then, Calfin had already been subjected to an internal review in which his dismissal was recommended. The doctor claims that he was the victim of an unfair, arbitrary procedure without real evidence.
La investigación penal finalizó en 2024, tras dos años de proceso.
The doctor claims moral, social, and professional damages
With the legal representation of attorneys Diego Bobatto and Marcelo Guitman, Calfin filed a civil lawsuit. He is claiming $40 million for the damages caused during the process, which he considers unfounded. The case is before Federal Court No. 3 of Córdoba, presided over by Judge Miguel Vaca Narvaja.
He asserts that the case damaged his reputation and affected his family, social, and professional environment. He stated that he was humiliated, marginalized, and forced to repeatedly explain that he did not commit any crime. "Everything was done in haste, without serious investigation or professional responsibility," he indicated in his statement.
He also questioned the actions of the Universidad Nacional de Córdoba, which oversees the hospital. He criticized the fact that he was not even summoned to defend himself before his expulsion was recommended. He said that he was the victim of institutional abuse, without grounds or respect for due process.
Ahora sostiene que fue víctima de una investigación arbitraria que afectó su vida personal y profesional.
Criticism of the administrative actions of UNC and its legal department
The lawsuit also targets the conclusions of the internal investigator, Nicolás Pérez Giraudo. He had claimed that the prosthesis was removed to be resold, without conclusive evidence. Calfin denied any connection with the technician from the company that supplied the imported implant.
The doctor emphasized that the use of medical components is strictly regulated. He maintained that all documentation and traceability of the prostheses was submitted properly and on time. He also recalled that technicians from both supplier companies participated in the surgery.
The original complainant never presented evidence refuting the placement of the imported component. The criminal court closed the case for lack of merit and later issued a final acquittal. With that precedent, the civil court will now assess whether there were damages and losses.
