They condemn to pay 2.6 million for negligence in a childbirth that caused a 95% disability to the baby

• Maternity Why in Spain one in four babies is born by caesarean section

The Contentious-Administrative Court number 1 of Malaga has

for the serious damage caused to their daughter, who has 95% recognized disability, with

.

Thus, the Andalusian Health Service (SAS) is sentenced to pay 2,683,022 euros, plus interest.

There is still the possibility of

As reported in the lawsuit, filed by the lawyer Damián Vázquez, collaborator of the legal services of the Association 'The Patient Defender', on behalf of the parents, this

on October 12 2014, in her

, due to contractions, but she was discharged.

She goes again the next day, being

by the future parents for a caesarean section, it was not until 7:30 p.m. on October 17, when the doctors adopted the delivery protocol.

Then, variable decelerations appeared that transformed the FHR pattern into sustained bradycardia at 80-100 bpm followed by loss of focus, for which

They inform the mother that she had suffered a

, with the baby suffering from ischemic hypoxia, according to the association's statement.

The

, requiring resuscitation maneuvers, intubation and doses of adrenaline.

Given the obvious damage she had suffered, she had to be

In the trial held, by the lawyer Damián Vázquez who defended the interests of said family,

, with disproportionate damage, due to delay in the cesarean section and fetal distress in childbirth", with support in expert report of gynecologist and judicial expert, compared to those provided by the SAS.

Said lawyer highlights "the importance of this millionaire sentence, one of the highest in terms of compensation", which "will help the parents so that they can provide the

, being completely dependent, with a diagnosis of a 95% disability, although not all the money in the world will be able to repair the great damage caused to my clients".

According to 'The Patient Advocate', there was "medical malpractice from the beginning, since long before the final bradycardia, there was evidence of an intrauterine fetal compromise that forced an emergency cesarean section, and it is also accredited in the history doctor the existence of Hypoxic-Ischemic Encephalopathy and decelerations in the monitors".

In these cases, they have pointed out, "the speed and urgency in the caesarean section is vital to avoid irreversible damage to this girl, as has been the case, the record being clearly pathological."

It was confirmed, indicates the lawyer, "that the damage is disproportionate and unaffordable, since tachysystole supposes a compromise in the oxygenation of the fetus, which must always be corrected."

Nobody notified the gynecologists on duty

The court fully recognizes the amount requested in the lawsuit, since "the perinatal fetal distress has caused sequelae such as tetraparesis, spastic-dystonic hypoxic-ischemic encephalopathy, motor brain disorder, uncontrollable epilepsy, total gastrectomy, total dependence, surgical interventions and disability of 95%, with total dependence on their parents, needing all kinds of special care and loss of quality of life".

Both the expert report of the gynecologist provided with the lawsuit, and the judicial expert ratified "the malfunction of the health administration and the existence of medical negligence, ratified by the sentence, based on the fact that once the induction of labor began, the polysystole went unnoticed , because no one bothered to mention it or notify the gynecologists on duty".

The ruling concludes that "the care received by the appellant and her daughter in the hospital did not comply with the lex artis ad hoc, insofar as there was indeed a diagnostic error by not correctly interpreting the uterine dynamics, which was, in the opinion of the experts, determining to have acted accordingly and to have taken the appropriate measures, for which the assistance circuits were deficient with poor perinatal results, leaving lifelong sequelae to the newborn".

Similarly, changes in the fetal heart rate that occurred during the recording when polysystole appears "are also not mentioned until 7:57 p.m., which shows a

."

"All the consequences suffered by the girl after birth are due to poor care in the case, since the circuits designed by the Andalusian Health Service (SAS) did not work properly in this case, causing irreversible injuries to the daughter of the pregnant woman," the statement said.

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