The Santiago Court of Appeal convicted the doctor to pay Daniele Campos a compensation of 60 million pesos for the death of his daughter, who died 4 days after she was born when she allowed the transfer outside of Santiago.
By a unanimous decision, the Seventh Chamber of the Court of Appeal, consisting of the ministers Omar Astoudillo, Maria Cecilia González, and attorney (i) Angel Krushag- He established the careless behavior of the pediatrician Maurício Pinto Cida, who then worked at Clínica Las Condes, allowing Campos and his daughter to go to La Serena.
In accordance with his resolution, “there are contractual violations, all of which arise from an incorrect diagnosis of true well-being (…) At the moment, despite the special circumstances of childbirth, that is, a mother with severe hyperthyroidism, was urgently hospitalized with 32 weeks of pregnancy, in conditions of hypertension and pre-eclampsia, the pediatrician did not perform the care duties for this particular delivery condition, excluding the performance of respiratory examinations, as a result, negligent behavior allowed the transfer of the girl a few days after birth, outside the city of Santiago. "
Along with the, "As soon as the emergency was confirmed, taking a passive attitude and, counterproductively, inviting the mother to transfer the girl back to the Las Condes Clinic, in this cityIn turn, especially with regard to the girl’s hospitalization phase, the defendant’s clinic also violates her duties without demonstrating all the measures and precautions that deserve this case, restricting treatment to regular or regular examinations that did not meet the specific conditions of the girl’s birth. ”
The appellate court rejects the claim against the clinic, since the prescription is distributed to the institution.