A hospital in Sao Paulo’s interior must pay 80,000 reais in compensation to the two families of a man whose death it “erroneously” identified as having died. The case took place in Ribeirão Preto, and the proceedings, which have been going on in court since 2023, have now come to an end after judges at the Court of Justice of São Paulo (TJSP) dismissed the medical institution’s appeal.
understand the case
- It all started when a man named Jose Roberto was mistakenly declared dead and sought treatment at Santa Lidia Hospital in Ribeirão Preto. was treated and released.
- However, on the same day that Jose Roberto went to the scene, Another person with a similar name died in the hospital.
- Jose Roberto’s family There was no authority to recognize the body. They then began the wake without realizing that the person inside the coffin was actually a different person.
- However, during the wake, Jose Roberto contacted his family. That’s when they opened the casket and realized it wasn’t him there.
- Because of this situation, Jose Roberto’s son filed a lawsuit against the hospital.
At the outset of the lawsuit, the hospital acknowledged miscommunication but argued there was no “medical error” in the provision of care or hospital services, and opposed any award of emotional damages.
In the process, the family’s relationship with Jose Roberto was also called into question to counter the need for compensation.
judgement
In the first instance, Judge Cassio Ortega de Andrade of the Third Civil Court of Ribeirão Preto accepted the family’s claim and awarded 80,000 reais in compensation to Jose Roberto’s son and sister. The hospital appealed and asked for a reduction in the amount.
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In the second instance, the appellate reporter, Judge Edson Ferreira, emphasized that the error caused moral harm to the family and that the argument that the family relationships were not on good terms “bordered on the border of procedural malice.”
In a vote carried out by peers, the 12th Public Chamber of Commerce upheld the first instance decision and on October 20th of this year ruled that Santa Lidia Hospital had an obligation to compensate the family.
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