The Puerto Montt Safeguarding Court sentenced Paul Aguirre Vivanco to 500 days in prison with a conditional commutation of 18 months for homicide tort. The illegal conduct occurred in June 2015.
In the abbreviated oral trial, the magistrate also applied to the paediatrician for legal provisos of suspension or public office during sentencing and to pay court costs.
The Court found that there was no doubt that, on 20-21 June 2015, the victim, a minor born in August 2001, was admitted to the Pediatric Emergency Department of the University Clinic of Puerto Montt with, among other symptoms, a The patient visited the institution from June 17 to 18 and developed symptoms of fever, headache, and muscle soreness, with persistent cough and fever, and outpatient treatment failed.
The victim’s attending surgeon, pediatrician Paul Aguirre Vivanco, decided to continue the treatment despite noticing the patient’s progressive deterioration. That is to say, respiratory failure, respiratory distress and decompensated shock, his negligence or violation of regulations in performing his duties, which eventually led to the death of the victim on June 21 due to septic shock and bilateral pneumonia, with Han Corresponding to the cardiopulmonary syndrome caused by tannin virus, as far as the convicted person maintains the regimen focused on the treatment of mycoplasma pneumonia, “means a direct violation of various acts and omissions established by the Ministry of Health” Health Exemption Resolution 881/2013, Han Clinical Guidelines for the Prevention, Diagnosis and Treatment of Cardiopulmonary Syndrome Caused by Tanzania Virus, part of the Medical Act, could have prevented his death if followed.
In determining the sentence for a convicted person, the courts recognize the extenuating circumstances of past irreproachable conduct under article 11, paragraph 6, of the Penal Code.
The ruling confirms that the conditional relief alternative measures apply for a period of 18 months, without taking into account any credits if revoked, satisfying the requirements of Article 4 et seq. of Law No. 18,216