We do not stop insisting that money does not heal wounds but it does help to take care of a sick child in the best possible way and more so if, as is the case, compensation is a response to the damage caused to that minor by a negligence.
A couple denounced the Andalusian Health Service (SAS) for not performing an emergency cesarean section , which would have prevented the fetal suffering of their baby with the physical consequences that it caused. The Andalusian Advisory Council has agreed with them and has ruled that SAS must pay parents 30,000 euros.
Five years demanding justice
On September 4, 2015, the mother went to the Regional University Hospital of Malaga, dependent on the SAS, because she was in labor.
According to the parents, the care was not adequate since the doctors made “the wrong decision not to perform an urgent cesarean section” , which caused fetal suffering to the baby and damages, for which they requested compensation of more than 1.5 million euros .
According to the file, the baby was “not very reactive” and without dynamics since the mother’s admission (6:53 p.m.) and 8:45 p.m., although the decision to submit her to an urgent cesarean section was not made until 9:00 p.m. The girl was born at 9:20 p.m.
The difference in the amount of compensation is due to the lack of data in the medical history, which does not allow to conclude with certainty the relationship between the care received and the damage suffered by the baby.
The parents reproach the medical team for not carrying out a cardiotocographic record and a study of the acid-base balance, which are essential to assess fetal well-being, although the medical history does refer to one of these tests without being documented.
Even so, the Consultant points out that this omission generates a situation of “defenselessness” in the interested parties, since a documentary evidence likely to be decisive has been lost. For this reason, it states that “the alleged damage is effective, economically assessable, individualized, unlawful and attributable to the administration against which it is claimed.”
For this reason, the compensation was limited to assessing the non-pecuniary damage for the doubts raised about the adequate monitoring of the baby’s well-being, an amount set at 30,000 euros.
What has not been disclosed are the injuries that the late cesarean section has been able to cause in the girl.
Via | The vanguard
Photos | iStock
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