It took 18 years for justice. In solving cases involving babies born with disabilities medical malpracticeit caused him cerebral palsy. The victim is a 23-year-old girl who is unable to control her movements. Their parents will only now be able to collect compensation.
of supreme court This week, he put an end to the process by increasing the amount of compensation the families should receive.
The girl is He was called M in the judgment. The defendant in the courtroom is in a wheelchair with chest support, receives nutrition through a button on his stomach, is unable to speak or control his sphincters, makes groans and guttural sounds, makes aimless head movements, and has no voluntary motor control or response to verbal commands.
In 2007, his parents filed a lawsuit on behalf of their three minor children against MMY, SO, Swiss Medical Group SA, Clinica y Maternity Suizo Argentina SA, Doctos SA, and HSBC Holding SA. compensation for damages I suffered as a result of the care my doctor provided during my birth.
M’s birthday is January 23, 2002 At Swiss Argentina Clinic & Maternity. The parents claimed that inadequate care during birth caused their daughter’s disability. Perinatal hypoxic-ischemic encephalopathy with irreversible multiorgan and brain damage (grade IV cerebral palsy).
The trial court’s judgment in favor of the family’s claim was handed down in Civil Court No. 58 on January 29, 2019. December 21, 2018.
Defendants appealed and on April 27, 2021 Court of Civil Appeals Room K Part of the judgment of the first instance was reversed.
The court, like the trial judge, considered that the following had been proven: fetal distress He said this was the most likely cause of Mr. M’s cerebral palsy.
However, the report Forensic medical team He said he did not completely rule out the existence of other causes. He mentioned both the analysis of the placenta and the report from the laboratory. National Academy of Medicine It was suggested that the cause of cerebral palsy may be due to the following. Antenatal causes.
Because of this, the Chamber concluded that 10 percent of the causal link had been interrupted. 90% accepted the claim. Similarly, the court rejected claims regarding obstetricians and midwives, deeming that the causal relationship between the two’s actions was severed.
In the end, the court went like this $13,294,887 Compensation set by the judge at $38.65 million, with interest fixed. Following this ruling, the family filed a lawsuit with the Supreme Court. special resources and finally Filing a complaint.
The court ultimately ordered increased compensation to the girl’s parents. judges Horacio Rosati, Carlos Rosencrantz, Ricardo Lorenzetti caused a claim by a relative of a minor regarding Mental damage and loss of profitsBecause they understand that their proposals are “directly and immediately related to constitutional guarantees that would be invoked in violation.”
Although the Supreme Court understood that complaints based on “interrupting the causal relationship” cannot be accepted, it did approve the claims on some matters. Compensation item Because it was understood that the judgment appealed from was arbitrary.
“We do not know whether “the young woman’s condition” and the manner in which “the event affected her psyche,” in light of the circumstances described, could constitute a minimum permissible basis for mitigating psychological harm as determined by the court,” the court said.
The Supreme Court added that “[the court’s]decision does not even include an argument that attempts to explain what kind of relationship exists between the two.” serious negative effects on M.its deep impact on the spiritual realm is evident from the event itself,” said Rosatti, Rosencrantz and Lorenzetti.
The judgment also questioned arguments for reducing compensation for emotional damages to the girl’s parents. The court said: “This has resulted in a total disability in all aspects of Ms M’s life, including her ability to move, eat, sleep and carry out her basic needs.” They have a great influence on the minds of their parents.. Ms. M’s inability to survive without the help of others has caused severe mental pain and suffering to her parents, who have also expressed deep concern about her future if she survives. ”
According to a witness statement, “Their moods fluctuate, sometimes accepting and sometimes disappointed, and causing great anxiety about the future.”
The court warned: Does not match the reduction in compensation “The judge made this decision after detailed consideration,” he said, identifying circumstances that accounted for the family’s severe distress and anxiety.
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