The Prosecutor's Office has filed a complaint filed by the Association the Patient Advocate that asked to investigate the death of a person at the Gómez Ulla Hospital in Madrid because, according to a daughter, the lack of information made her doubt that the cause of death was the coronavirus.

According to the Madrid Prosecutor's Office, the center's protocol of action was the "correct one" and it is not possible to speak of a lack of information because when the death occurred, in the month of March, many hospitals were in an " exceptional " situation, which meant that such behaviors were " excusable ".

The Prosecutor's Office explains that the daughter of the deceased claimed that her father was ill and had a cold, so he called the coronavirus-enabled phone. The person who attended them, since the patient had no difficulty breathing, told them to go to the health center to make an appointment with their doctor. They did so on March 23 and told her they would call her home. That afternoon the doctor called and prescribed paracetamol. The next day, she was told to go to a consultation, where they measured her blood oxygen saturation. Since she was on leave, she told them to go to the Gómez Ulla Hospital to make a plaque for her.

Once in the hospital emergency room they made him a plaque and, as they were slow to give him the results, they sent his mother home while the man was admitted. They were told that he was wearing an oxygen mask and that he had eaten well. Even that they had made a plaque for him and were waiting for the results. On the 27th the wife of the deceased spoke to him at night and told him that it was very good that he had a new roommate and that he would not be leaving the hospital at all. However, on the 28th they called from the hospital to report that he had died.

The daughter denounced the lack of information from the doctors, that the death certificate indicates Covid-19 and that, not knowing the results of the plaque and medication she was taking, she could not know if it was true or not.

"Correct" care

On June 15, the Gómez Ulla hospital sent to the Prosecutor's Office all the medical parts of the ER and the medical tests carried out on the 74-year-old patient, who is said to have been admitted "due to a respiratory infection with suspicion of COVID19, antibiotherapy started , with specific treatment with hydroxychloroquine and kaletra and with the need for supplemental oxygen, which, in the absence of response, increases until reaching 50% FIO2 and placing a reservoir, with poor evolution, until cardiorespiratory arrest and exitus occur on 03/28/2020 at 14:30 ".

In its resolution, the Prosecutor's Office stresses that it has not been established that there had been a criminally reprehensible medical action. "From the medical reports it seems to be deduced that the medical action protocol followed was correct, without incurring careless behavior, the care provided was correct, and the cause of death was Covid-19."

Regarding the lack of information on the part of the health and hospital personnel, the archive document refers to Law 41/2002 of November 14 regulating the autonomy of the patient and of rights and obligations in matters of information and documentation. clinic. The norm establishes that the doctor must leave a reasoned record of the circumstances surrounding the case in the medical record and that he will communicate his decision "to persons related to the patient for family or factual reasons."

The prosecutor indicates that in the telephone conversations that the complainant reviews with her father, "at all times it is said that with each passing day her father was feeling better, denoting that the medical practice was adequate and that he was aware of it when he tells his wife or daughter that he will be home with them soon. "

In any case, it rejects that the lack of information that the daughter denounces constitutes a crime. Moreover, she considers that it could be understood as "a lack of delicacy" motivated by saturation and the number of patients to be attended by health personnel "that made it almost unfeasible to fulfill that duty of information configured in non-exceptional situations as inescapable

According to the criteria of The Trust Project

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