The Santiago Court of Appeal condemned a doctor to pay compensation of 60 million pesos to Daniella Campos for the death of his daughter, who died 4 days after he was born when allowing transfers outside Santiago.
In a unanimous decision, the Seventh Room of the Court of Appeals – compiled by minister Omar Astudillo, María Cecilia González and lawyer (i) elngel Cruchaga- He established a negligent behavior by pediatrician Mauricio Pinto Cid, who at that time worked at Clínica Las Condes, authorizing Campos and his daughter's trip to La Serena.
According to the resolution, "there are contractual violations, all of which come from a misdiagnosis of actual health conditions (…) For now, despite the special circumstances of childbirth, which is a mother with a history of severe hyperthyroidism, being hospitalized immediately, with 32 weeks of pregnancy, under conditions of hypertension and preeclampsia, pediatricians fail to fulfill the associated care tasks. for certain shipping conditions, ignoring the performance of the respiratory examination, lead to negligent acts of girl transfer authorization – a few days after birth -, outside the city of Santiago. "
Along with it, "Once the emergency was verified, adopting a passive and counterproductive attitude suggested that the mother transfer the girl back to Clínica Las Condes, in this city. In turn, especially in terms of the girl's inpatient phase, the defendant's clinic also violated her duties, without showing the adoption of all measures and precautions that the case was feasible, limiting care to practice. general or routine exam, which is not in accordance with the specific conditions of the girl's birth. "
The appellate court rejected the claim against the clinic because the prescription applies to the establishment.