Condemns the Navarre Health Service to 20,000 euros in compensation for delay in diagnosis

April 01 , 2016 // Legal Reforms and Debate : Professional Liability: lawyers, doctors and other professionals

Published in Derecho News

The Superior Court of Navarra (TSJ) has condemned Navarro Health Service (NHS) to pay 20,000 euros to the wife of a patient suffering from cancer patient who died. The Division of Administrative Litigation of the TSJN, which considers it proven that there was a delay in diagnosis, provides compensation not by death, but by the loss of opportunity to receive a treatment that could increase their life expectancy.
In the resolution, against which no appeal, the TSJN revoke a judgment of the Court of Administrative Litigation No. 1 Pamplona September 2015 dismissing the complaint against the NHS.
The Division of Administrative Litigation of the TSJN disagrees with the trial judge and confers absolute validity to the report issued by the court-appointed expert considering that \"there is no reason to reputarlo ineffective without any evidentiary effect.\"
Explains the Chamber since demand the claim was based on the theory of \"loss of opportunity\" which \"occurs when the patient of the possibility of a different and more favorable health outcome because of delay deprives or misdiagnosis of the disease. \"
In the case trial, the applicant sought 100,000 euros to understand that there was a delay in the diagnosis of vertebral metastases derived from a renal tumor not having been made to her husband the right to the July tests although in February 2011 or, failing that, in March there were medical signs that revealed his presence.
The medical report by the court expert advocated fixing compensation arguing that there was some lack of monitoring of the lex artis (medical correction) and certain malpractice (negligence), because from the beginning or end of January -a in February, it should be inquired about the existence of a carcinoma and its metastases given the patient\'s history.
For Contentious, undue delay of about three months in the diagnosis record the loss of opportunity and justifies the partial estimate of demand, since, as set out various judgments of the Supreme Court, \"which must be compensated is the moral damages resulting from mere possibility of having obtained a different produced \"result.