2023-07-03 15:47:39
The Central Criminal Court of the National Court has convicted a nurse of the hospital for the crime of reckless injury Valencia C.F. for the pharmacological treatment he gave to a 12-year-old boy who fell ill during a soccer tournament in Egyptin August 2019, which caused a perforation in the duodenum.
In a sentence, magistrate José Manuel Clemente Fernandez-Prieto imposes on the convicted person, Jose Joaquin de los Santos Cifre, a one-month fine with a daily fee of 10 euros a day, which amounts to 300 euros, and that compensates the minor almost 20,000 euros due to the injuries that occurred. The Valencia Club de Fútbol is declared subsidiary civil liable for that amount and the Zurich insurance company as direct civil liable.
Sentence acquits the other defendant, the technical director of the Valencia CF Academy, Marcos Otero López, who was also traveling on the expedition as the person most responsible for the crime of reckless injury of which he was accused, considering that he had no responsibility for the treatment and taking into account that the boy’s parents had traveled with him, so they could have transferred him to a doctor or hospital if they deemed it necessary.
The magistrate declares proven the illness suffered by the minor on the trip, which took place in Egypt between August 24 and 31, 2019. She was treated with anti-inflammatory drugs, ibuprofen and loperamide. The taking of said medicines, says the sentence, it caused a duodenal ulcer that required surgical intervention and admission to the pediatric ICU upon arrival in Spain.
“He harmful result -says the error- is fully accredited by the medical assistance report issued by the La Fe hospital in Valencia and by the expert reports issued by the forensic doctor and the prosecution and defense experts, which record that the minor suffered a perforation of the duodenum for which he had to undergo surgery.” An imprudence, he adds, “which in the present case is determined by the supply of 400 milligrams of ibuprofen given every 5 hours to 12-year-old Alex M. as a treatment for what was thought to be simple gastroenteritis”.
Do not take them back, also reckless
The judge explains that the testimonial evidence as a whole provides full proof that the defendant is not telling the truth when he maintains that he only provided an ibuprofen pill to the minor. In any case, point out “Leaving the minor with the ibuprofen pills and not taking them away would also constitute clear imprudence due to an omission on the part of the toilet that would allow the minor to take inappropriate medication.”
After analyzing the specific circumstances, the magistrate considers that it is a less serious imprudence due to the stay in a health depressed country, that there were several members of the expedition with gastroenteritis, that it was unknown that he had salmonellosis or that it was a short trip of a week and that the first symptoms did not appear until the fifth day.
Regarding the other defendant, the magistrate explains that no test has been carried out to determine his participation in the minor’s injuries, since he never provided him with medication nor does he have the health training that allows him to assess the patient.
Related news
“There was no data that would allow a layman like this defendant to know the ailments that he could suffer” the minor, “when a multitude of members of the different sports expeditions presented similar ailments”, concludes the magistrate.
In addition, it specifies that the function of guarantor of this defendant is relativized, since it is obvious that he did not have kidnapped the minor, and that heThe parents, who were staying in another hotel in Egypt and who “saw how their son was physically could have taken him to a doctor or a hospital, or returned with him to Spain, which they did not do, and yet that is what now seems to be censored against the defendant and for which he is accused of reckless injuries by omission”.
#Valencia #nurse #gave #medicine #child #tournament #Egypt #sentenced #reckless #injuries