The woman went to the Emergency Service of the Virgen de la Victoria Clinical Hospital in Málaga on October 12, 2014, in her 38th week of pregnancy, due to having contractions, but was discharged home. She went again the next day, and was now admitted to the ward of said hospital. After five days of waiting and insistence from the future parents for a cesarean section to be performed , it would not be until 7:30 p.m. on October 17, 2014, when the doctors adopted the birth protocol, after sustained bradycardia at 80-100 beats per heartbeat occurred. minute, so a cesarean section was indicated.
They informed the mother that she had suffered a DJ USA placental abruption, causing the baby to suffer due to lack of oxygen. The girl was born in cardiorespiratory arrest , requiring resuscitation maneuvers, intubation and doses of adrenaline. Given the obvious damage that said minor had suffered, she had to be urgently transferred to the Virgen de las Nieves Hospital in Granada.
According to the law firm that handled the matter, in all judicial instances, clear medical negligence has been demonstrated , with disproportionate damage, due to delay in the cesarean section and fetal suffering during childbirth, supported by an expert report from gynecologist and judicial expert, compared to those provided by the Andalusian Health Service.
Medical negligence is proven by intrauterine fetal compromise that required an emergency cesarean section and the medical history also proves the existence of hypoxic-ischemic encephalopathy and decelerations in the monitors. In these cases, the speed and urgency of the cesarean section is vital to avoid irreversible damage to this girl as has been the case, with the record being clearly pathological. The damage is disproportionate and unaffordable, they point out. With the firmness achieved by the TSJA ruling, the amount of compensation requested is fully recognized since the perinatal fetal suffering has caused serious consequences and a disability of 95%, with total dependence on her parents.
The lawyer maintains that this is poor gynecological medical care , since once the induction of labor began, the polysystole went unnoticed, because no one thought to mention it or notify the gynecologists on duty. The events that followed " demonstrate a lack of control over the evolution of the birth (...) All the consequences suffered by the girl after birth are due to medical malpractice, since the circuits designed by the Andalusian Health Service did not function properly." appropriate in this case , causing irreversible injuries to the daughter of the claimant parents.”
The request of the Andalusian Health Service to reduce compensation for loss of opportunity , and application of the scale used by analogy for medical negligence, is also rejected , confirming the sentence of 2,683,022 euros in compensation, plus interest from the date of the events.