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The Andalusian Health Service is sentenced for medical negligence.

SAS sentenced for medical negligence

The Administrative Court No. 1 of Seville has condemned the Andalusian Health Service (SAS) to compensate DPF for serious medical negligence : it put his life at risk by not being able to diagnose a gastric perforation , despite the fact that the patient, DPF, went up to four times in seven days to the emergency service of the La Merced Hospital of Osuna (Seville), with severe abdominal pains and vomiting.

“DPF’s life was saved when, during his fourth hospitalization, he finally underwent the necessary tests and received the correct diagnosis from the last doctor who treated him. This professional recognized the seriousness of the case and initiated the protocol for an emergency surgical intervention , which saved our client’s life,” explains Lluís Domingo, the lawyer from Vosseler Abogados representing DPF, who secured a compensation award against the Andalusian Health Service for the delayed diagnosis . This award is not subject to any ordinary appeal.

As Lluís Domingo points out, “it is very important to report these kinds of serious medical negligence cases, which can lead to the death of patients. In our client's case, there was no fatal outcome, but the surgery could have been avoided if a proper diagnosis had been made during the visits to the Emergency Department of La Merced Hospital in Osuna.”

The facts

On August 24, 2019, DPF went to the emergency department of La Merced Hospital in Osuna complaining of severe abdominal pain and constipation of several days. He was discharged with a diagnosis of constipation.

On August 30, at 2:31 a.m., she returned to the emergency room due to severe abdominal pain and three episodes of vomiting on the same day. She was discharged from the emergency room for constipation.

On August 30th, at 13:37 PM, she returned to the emergency room due to persistent pain. She was discharged from the emergency room at 21:15 PM with a diagnosis of constipation.

On August 31, the patient returned to the emergency department presenting with 14 days of constipation and vomiting of everything he ingested , along with diffuse, continuous abdominal pain and cramping that did not respond to analgesics. The X-ray taken the previous day, which had been misinterpreted at the time, was reviewed by another physician, who this time correctly identified the patient's severe intestinal obstruction . Following this new, accurate diagnosis, the patient underwent a CT scan with intravenous contrast, which revealed an iatrogenic perforation.

The patient underwent emergency surgery, with immediate postoperative care in the ICU and subsequent transfer to a ward. Clinical reports indicated that the patient presented with peritonitis due to intestinal perforation , which could have been fatal had the last physician to examine him not correctly interpreted the X-ray.

Author Vosseler Lawyers

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