The Court of Appeals of Santiago condemned a doctor to pay compensation of 60 million pesos to Daniella Camps for the death of her daughter, who died 4 days after being born when she authorized a move out of Sant Jaume.
In unanimous failure, the Seventh Chamber of the High Court – integrated by the ministers Omar Astudillo, María Cecilia González and the lawyer (i) Àngel Cruchaga- he established negligent conduct of the pediatrician, Mauricio Pinto Cid, who then worked at the Clínica Las Comtes, when he authorized the Camps trip and his daughter to the Serena.
According to its resolution, "they configure contractual breaches, all derivatives of a wrong diagnosis on the true state of health (…) In spite of the special circumstances of childbirth, that is, a mother with a severe history of hyperthyroidism, urgently admitted, with 32 weeks of pregnancy, under conditions of childbirth, Hypertension and preeclampsia, the pediatrician did not complete the healing duties associated with this particular part condition, neglecting the performance of respiratory examinations, incurring in the negligent conduct of authorizing the transfer of the girl-a few days after birth, outside of the city of Santiago. "
Along with that, "Once the emergency has been verified, adopting a passive attitude and, counterproductively, suggesting the mother moving the girl back to the Les Comtes Clinic in this city. In turn, especially as regards the phase of hospitalization of the girl, the Respondent Clinic also violates his duties, without showing the adoption of all the measures and precautions that the case warranted, limiting – Treatment in the practice of common or routine exams, which did not fit the specific conditions of the birth of the baby. "
The High Court rejects the lawsuit against the clinic to apply the prescription regarding the establishment.