The Andalusian Health Service of the Junta de Andaluca will have to indemnify a young girl with 594. 485 euros. The reason for the sentence, which is not final, made by the Contentious-Administrative Court number 4 of Malaga , is due to the error in the diagnosis of a tumor not detected in time.
This caused a loss of vision due to lack of treatment in the patient, who has 26 years currently when the events happened had 12 years.
The lawsuit, filed against the Andalusian Health Service by the lawyer Damin Vzquez, collaborator on the legal services on an Association The Patient Ombudsman, on behalf of a young woman, who anordna followed a claim initiated on her death by her parents.
The The written complaint states that on August about 2007 a girl was referred by her pediatrician from the Vlez-Malaga health center to a consultation about ophthalmology on the Regional Hospital on a province on Malaga.
Presented loss of vision with sporadic headaches since the month about June on 2007. The specialist commented to the parents that he could not find any reason for the defective vision.
First, He prescribed a minor prescription glasses a test on ocular evoked potentials with. This test was not carried out until November 2007 at the Hospital Civil de Mlaga .
The first 2 weeks, after a placement on the lenses, a vision I learned to recover something. However, the headaches accentuated, now located on the right side, above the eyebrow.
In early September about 2007 sony ericsson produced a new loss over vision . It was then that she was explored by her pediatrician. She diagnosed him with sinusitis and prescribed antibiotic treatment and that zero had any effect. . On this occasion, I diagnosed migraine with prescribed a new treatment.
At the beginning of October, I learned to perform a head CT without contrast, which is valued by professionals as regular. The headaches were stronger localized with had lost more vision with, collects.
In November about 2007, performed a minor test on evoked potentials with an MRI on the skull. The results, which had been in the Regional Hospital for several days, without the patient’s parents having been informed, indicated that the minor had a large pituitary tumor.
The only possible treatment for this problem a realization on a cranial surgical intervention.
2 interventions on Malaga
Finally According to sony ericsson, on a claim, a minor need on 2 interventions carried out on the Regional Hospital on Malaga . A first apprenticeship was performed urgently in January 2008 with then for the overall removal of the tumor lesion, in June of that same year. After his discharge from hospital, scam radiotherapy treatment began that ended in September 2008.
Subsequently, a claimant found a serious loss of visual acuity. To this was added the null vision in one of the eyes with minimal in the other, a tumor optic pathway disorder.
In addition, he presented a disease of the endocrine-metabolic system with benign tumor on tumor endocrine gland . Therefore, since June of 2008 ze recognized a degree of disability of 81%, says the lawsuit.
Ruling on a tomography with subsequent compensation
The sentence emphasizes a very high importance that to carry out the successive diagnoses had the result on a brain tomography performed on a patient on September on 2007. Said tests ruled out the possible injury.
This led the primary care physicians with the different services of the hospital to carry out the most possible diagnoses with unfortunately zero coinciding with a really suffered pathology.
Thus, the judge points out ‘s erroneous character on an assessment carried out on said TAC; all this as it was not possible that the tumor was not appreciated by sony ericsson in the tomography. For this reason, they point out that I learned to make an error of appreciation in its assessment. tumor mass over a large size, taking into account that the growth on a lesion was slow.
The sentence against the SAS
The resolution indicates that zero can benefit ing SAS the fact that zero records on the medical history the images on a diagnostic test TAC , that zero have been delivered national insurance ‘s judged; remembering that, taking into account the principle of ease of proof of the parties, it is the defendant administration that has to bear the absence of the said documentary.
Therefore, I learned concludes an existence about error on a valuation made on September 4 on 2007. In addition, it indicates that, had it not existed, the removal of the tumor mass would have taken place much in advance, which includes not only ostensibly reducing the harmful result, but also completely suppressing it.
Given that a loss on a vision is caused by tumor growth, one must be charged on its integrity to this evaluative error, says the judge. For all these reasons, ze estimates the claim presented, partially.
In this way, the Andalusian Health Service must compensate a patient scam 594. 485 euros for this failure.