civil division of the supreme court Appeal dismissed Proposed by the legal services of a private medical center in the capital of Gran Canaria, the final judgment is announced medical negligence Resulting in the death of a pregnant woman.
obsolete cars September 20, 2023 The sentenced party’s complaint was inadmissible “because the factual basis of the sentence was not respected and the appellant sought in his submission a new assessment of the evidence”. accusation “Suggesting that the appeal decision itself determines the percentage of opportunity lost.”
The Provincial Court of Las Palmas issued a judgment at the time condemning 336,990 euros paid to hospital and insurance company Segurcaixa Adeslas In 2016, there was a case of massive bilateral pneumonia caused by Influenza A and the death of a pregnant woman due to bilateral pneumonia due to medical negligence (aggravating the sentence imposed by the appeal judgment). In this ruling, the above entities were also penalized to pay appeal costs.
The woman died from an undetected severe case of bilateral pneumonia caused by influenza A infection.
The ruling of the Third Division of the Provincial Court on July 12, 2021 dismissed the appeal filed by the convicted clinic and the insurance company and partially upheld the original verdict. Henríquez y Carnero Abogados appeals, to increase the amount of compensation determined by the Court of First Instance No. 14 of Las Palmas de Gran Canaria. In this way, the lower court’s ruling was strengthened, holding that it proved that in this case, all existing diagnostic methods were unable to detect influenza A in the pregnant patient, and she was eventually complicated by bronchopneumonia and respiratory failure.
The provincial court ruling found medical negligence was proven by delaying diagnosis due to a lack of testing. PCR and chest X-ray requiredGiven the presence of symptoms consistent with influenza and the fact that the patient was in a high-risk group (“adequate treatment with antibiotics and antiviral drugs could have been administered”).
The judgment valued the chance of loss at 75%, because if influenza had not been diagnosed late, it was likely (although not certain) that early treatment would have been effective.And it also highlights gross negligence in diagnosis During treatment performed in the clinic emergency department, such as subsequent placement of a drain tube in the intensive care unit, lung involvement and resulting bleeding, although not a direct cause of death, represented an important loss of opportunity for cure.
lawyer Octavio L. Henríquez Portillo is leading the lawsuitThe appeals and cassation appeals very positively assessed the inadmissibility of the cassation appeal filed by the convicted woman and the sentence imposed on the entity as well as the payment of the costs of the cassation appeal process because “at last, the family will be able to put an end to this long judicial battle,” He said.