Diego Maradona Trial: Defense Argues Doctor Was ‘Scapegoat’ in Fatal Care Case

The defense of Leopoldo Luque, the neurosurgeon at the center of the trial over Diego Maradona’s 2020 death, argued on October 21, 2026, that he was “the scapegoat” of the case, according to France24. Luque, 45, was the primary decision-maker in Maradona’s home care during his final two weeks, and the prosecution has sought 12 years in prison for him, alleging negligence in his treatment. The defense, however, framed the football legend’s death as an “acute and unforeseeable” cardiac event, Sudouest reported.

Defense Calls Luque a Scapegoat, Challenges Medical Findings

Luque’s attorneys, including Roberto Rallin and Francisco Oneto, argued during the final phase of the trial that the neurosurgeon was unfairly singled out. “For the prosecution, Leopoldo Luque has been the scapegoat in this affair,” Rallin stated, calling him a “lampiste”—a term implying a lack of agency or responsibility. Oneto emphasized that Maradona’s death resulted from an “acute and unforeseeable” cardiac incident, not medical negligence.

The defense directly contested the conclusions of a 2021 judicial medical commission, which had been tasked with evaluating the circumstances of Maradona’s death. Oneto criticized the commission for adopting the narrative that Maradona had a long history of cardiac issues, which he argued was a “prejudice.” “Maradona was cardiologically healthy, and the rest of his issues were asymptomatic,” he claimed, citing renal problems as examples.

Prosecution Accuses Luque of Inaction Amid Warning Signs

The prosecution, however, maintains that Luque failed to act on critical warning signs. In its rebuttal, the public ministry accused Luque of “inactivity,” stating that he “always did nothing” in the face of Maradona’s symptoms, including cardiac insufficiency and edema. The ministry’s argument hinges on the idea that Luque, as the lead physician in Maradona’s home care, bore responsibility for the star’s deteriorating condition.

Maradona died on November 25, 2020, at age 60 from a cardiorespiratory crisis combined with pulmonary edema. He was found dead in a Tigre, Buenos Aires, residence where he was recovering from a brain hemorrhage surgery. Seven medical professionals, including Luque and Nancy Forlini, the medical coordinator of his care, face charges of potential negligence during his two-week convalescence.

Defense Presents Medical Evidence, Challenges Prosecution’s Narrative

Luque’s legal team presented a range of evidence during the trial, including audio recordings, scientific articles, and a video of Maradona’s autopsy. These materials were intended to counter the prosecution’s claims of negligence. The defense also highlighted that Maradona’s medical history did not include significant cardiac issues, a point that clashed with the prosecution’s argument.

Oneto noted that the "slightest possibility of predicting this fatal outcome did not exist," adding, "Spoiler: because it was acute." This line, delivered during the trial, emphasized the defense's assertion that the death was an unforeseeable medical tragedy rather than a result of professional failure.

Broader Implications for the Trial and Maradona’s Legacy

The trial has drawn intense public attention in Argentina, where Maradona is revered as a national icon. However, the prosecution’s focus on Luque’s role as the ‘decision-maker’ in the care team has also been highlighted.

What’s Next for the Trial?

The trial remains ongoing, with the court expected to issue a verdict in the coming months. The prosecution has requested prison terms ranging from four to 12 years for six of the seven accused, while the civil parties—Maradona’s children and siblings—have sought up to 16 years for some defendants. The final decision will determine whether Luque, or any of the other medical professionals, faces criminal liability for their roles in Maradona’s death.