Tuesday, 26 September 2023, 16:21
A court in Malaga has ordered the Andalusian health service (SAS) to pay 2.6 million euros in compensation to a family for delaying a caesarean section operation which resulted in the baby born in cardiorespiratory arrest and suffered a 95 per cent disability rating.
SAS appealed the decision, but the High Court of Justice of Andalusia (TSJA) and the Supreme Court rejected the appeal, meaning the decision is now final.
According to lawyer Damian Vazquez of the Patient Ombudsman organisation, who represented the mother, she went to the Hospital Universitario Virgen de la Victoria in Malaga for the first time on 12 October 2014, when she was 38 weeks pregnant and having contractions. She was sent home soon afterwards, but went back again the next day and was admitted.
Later, after five days of pleading with surgeons to carry out a caesarean section, this was finally done on 17 October. According to Vázquez, the mother ended up with a detached placenta, and the baby suffered ischemic hypoxia.
This resulted in the baby girl being born in cardiorespiratory arrest and needed to be resuscitated, intubated and given adrenalin. She was diagnosed as 95 per cent disabled and is totally dependent.
The court found that the medical attention had been inadequate and the delay in carrying out the caesarean had caused disproportionate damage and suffering to the baby. The judge said not enough necessary action or appropriate steps had been taken, resulting in lifelong consequences for the baby.
According to the court ruling, SAS will have to pay the family 2,683,022 million euros, to which interest will have to be added - which could result in a total amount of around 3.5 million.
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