Negligence in diagnosis
Due to the moral damage caused, two hospitals, one public and one private, were ordered to pay R$200,000 in compensation to a family after the death of a woman in Atibaia (SP). She underwent five medical consultations — three in the public network and twice in the private sector — but was not diagnosed correctly.
Judge José Augusto Nardy Marzagao, of the 4th Civil Court of Atibaia (SP), argued in the decision that, in the medical care provided, the current protocols were not strictly followed and, therefore, the seriousness of the case was not identified. The decision partially met the request made by the victim’s husband and daughter, who had requested R$400,000 in compensation.
The death occurred on July 10, 2019, the same day the patient was treated at the private hospital. The other consultations were on the 5th, 7th, 8th and 9th of July of that year. The family reports that the main symptom was fever.
“Thus, the guilt is evident, derived from negligence and incompetence of the hospital’s medical team, thus evidencing the causal link between the conduct of the administrative activity and the result that generated the damage suffered by the plaintiff, embodied in the death of his partner and mother, respectively, with the defendant’s civil liability being duly characterized”, says the judge.
The decision also highlights that the victim was young and did not have any comorbidities. Regarding the amount received by the parties, the decision considered that the amount of R$400 thousand previously requested was “high” and “heavy”.
The sentence may be appealed. The family was represented by the lawyer Cleber Gerage.
Click here to read the decision