A court of first instance in Madrid has sentenced a medical insurer to compensate some parents with 1,025,333 euros since during the gestational control in a clinic in Palma it was not diagnosed that their son suffered from Apert syndrome, autism, mental retardation and of development.
The events date back to 2012, when the mother, a resident of the Balearic capital, was controlled during her pregnancy in a private clinic in Palma and during the process she was informed of the normality in the evolution of the child she was expecting, the association has pointed out the Patient Advocate. The woman gave birth to a polymalformed fetus with a subsequent diagnosis of Apert syndrome, autism, and “very intense” mental and developmental retardation.
Despite the care of his parents and surgical interventions, his son does not develop language and is dependent. For this reason, he requires constant care and surveillance, as well as controls and interventions in neurology, neuropaediatrics, children’s orthopedics, rehabilitation and physiotherapy, ophthalmology, early care, psychopedagogy, speech therapy, early stimulation, otolaryngology, pulmonology and pediatric dentistry services.
He presents a degree of disability of 87% and has a recognized dependency situation grade III, 91 BVD points. Faced with this alleged medical malpractice, the parents went to the “Patient Defender” Association and a lawsuit was filed against the medical insurer as responsible for the medical care of the clinic that offered the parents.
The key question was whether from the birth of the baby “with such serious defects due to natural causes” during gestation, with standard medicine (correct lex artis), it was possible to prenatally diagnose the malformations that would have given rise to the right to legal voluntary termination of pregnancy. A lawsuit was filed for these events without specifying the amount of compensation requested by the family and which gave rise to approving judgments in first and second instance.
Subsequently, a new lawsuit was filed specifying the compensation, which has now led to a ruling by the court of first instance number 56 of Madrid, which sets the compensation at 1,025,333 euros. This ruling has been appealed by the parents considering that the estimated amount is insufficient and that, in addition to non-pecuniary damage, the cost of maintaining their dependent child must be covered, as well as compensation for the loss of the right to terminate the pregnancy. They estimate a total of 3,155,321 euros. The court ruling limits the patient’s life expectancy to 50 years, when according to the parents and the doctor he has a normal life expectancy of up to 80 years.