2023-07-14 08:12:12
The insurer SHAM and the family of the deceased reach an agreement after filing a civil lawsuit.
The events occurred in January 2019, when the 63-year-old woman went to her Health Center in the Seville municipality of Castilleja de la Cuesta for lower back pain. The health workers injected him with desketoprofen, a non-steroidal anti-inflammatory drug (NSAID) and prescribed the same drug in tablets.
The patient left the health center towards the supermarket and died suddenly. The autopsy revealed an anaphylactic reaction as the cause of her death. She had been injected with the drug to which the patient was allergic.
Her allergic condition to NSAIDs was recorded in her medical history. What went wrong? Where was the error missing? Well, none of this has been clarified in the resolution that, accordingly, the family of the deceased and the insurance company of the Andalusian Health Service (SAS) have signed.
The agreement reached by both parties establishes at 100,000 euros the compensation with which the service compensates for the error of which there is no doubt and which it admits, although none of the circumstances surrounding the case and which could explain better procedure.
Why is there such a lack of detail? María Jesús Villalpando, the family’s lawyer and collaborator of the Patient Defender Association, details that before she started the civil procedure, the family tried to take the case through criminal proceedings. However, the procedure ended up being archived and with the filing order the possibilities of knowing the details of the case disappeared, according to the lawyer.
With the agreement reached in civil proceedings, Villalpando defends that the process, which was already stretching out over time, has come to an end. He also clarifies that this type of agreement cannot be seen as a victory of the extrajudicial route of conflict resolution, since he recognizes that “the agreement has been reached in the context of a judicial procedure.”
He explains: “In this country no agreement is reached in cases of health claims if a lawsuit is not filed before the courts. To reach an agreement you have to prosecute the case.”
Regarding the amount of 100,000 euros, the lawyer explains that it is the one that sets the reference scale (the traffic scale) to compensate the relatives, who are neither the children nor the spouse, who claim for an alleged malpractice.
“When in this country neither the widower nor the minor children litigate, the amounts are very low,” the lawyer complained. S. Valle (SyM)
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