Supreme Court approves conviction of Vithas Santa Catalina in killing of pregnant teacher

The Supreme Court rejects the appeal filed by Vithas Santa Catalina Clinic and announces the final conviction of Vithas Santa Catalina Clinic Medical negligence resulting in deathfrom a young teacher who became pregnant in 2016.

The judgment was issued by the Third Branch of the Supreme People’s Procuratorate Las Palmas Provincial Court, Condemned clinic and insurance company Segurcaixa Adeslas for paying €336,990.93 Cases involving patient death due to medical negligence 35 years old, pregnant, suffered from bilateral massive pneumonia due to influenza A. Both entities were also ordered to pay appeal costs.

increase compensation

In the above-mentioned decision of July 12, 2021, the appeal filed by the convicted clinic and the insurance company was dismissed and the appeal filed by the company Henriquez y Carnero Abogados was partially upheld, increasing the amount of compensation determined by the first court. Case No. 14, Las Palmas de Gran Canaria.

In the Provincial Court text, delay in diagnosis due to: Lack of required tests to perform such as PCR and chest X-rayGiven 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 implemented,” the document states.

late diagnosis

The document estimates the opportunity loss suffered at 75%because although it is uncertain, early treatment is likely to be effective if influenza is not diagnosed late.

Apart from, Highlights serious negligence in diagnosis During the treatment performed in the emergency room of the Visas Clinic and later in the intensive care unit when a drainage tube was placed, the lungs were involved and hemorrhage resulted, which, although not a direct cause of death, represented a significant loss of opportunity for cure.

lost opportunity

In order of his visit on September 20 Atlantic Todaythis civil division of the supreme courtThe inadmissibility of the appeal was clarified “because the factual basis of the judgment was not respected and the appellant, in his argument that the appeal judgment set a discretionary percentage of loss of opportunity, sought a new assessment of the evidence,” he argued. .

The order reinforces an initial judicial ruling that found that all existing diagnostics to detect influenza A were not available to pregnant patients in this case. He suffered from the disease, which eventually complicated bronchopneumonia and respiratory failure.

Atlántico Hoy has contacted Octavio L. Henríquez Portillo, a lawyer with the firm Henríquez y Carnero Abogados, who directs proceedings, appeals and annulments. “We take very seriously the inadmissibility of the appeal brought by the convicted clinic and the order that the entity pay the procedural costs of the appeal. “Finally, the family will be able to put an end to this long legal battle.”Portillo said.