The Superior Court of Justice of Madrid (TSJM) has condemned the Canary Islands Health Service (SCS) to pay almost 15,400 euros to the parents of a child who was born in the islands in 2018 and who, during gestation, was not detected with a malformation called aneurysm of the vein of Galen.
The ailment came to light after birth, so after consulting several public and private centers, he was sent to Madrid, 48 hours after his birth.
In Madrid, tests were carried out and it was agreed to refer the newborn to the Canary Islands after detecting a multiorgan failure, but, as the father had filed a judicial appeal alleging manslaughter, this procedure was paralyzed.
Subsequently, the return of the child to the Canary Islands was given the green light, which was delayed due to meteorological causes, and the child died in the Canary Islands on March 26, 2018.
The parents were claiming 77,000 euros, which was rejected by the Community of Madrid, an insurance company and the Canary Islands Health Service.
The Superior Court of Justice of Madrid considers that the Canary Islands Health Service was guilty of not carrying out adequate monitoring during childbirth, in which the ailment could have been detected, and they attribute that the original ultrasounds were not sent to them, which, according to the parents, existed and the organic failure was diagnosed.
If this had been the case, there were possibilities that the child would have survived and in fact 48 hours were “lost” after delivery until he was transferred to Madrid.
Therefore, it is indicated that the care provided by the Madrid Health Service (Sermas) is not considered “objectionable”, given that all means were put in place for treatment and the chances of surviving at that time were very slim.
From the Inspection service in the Canary Islands it was concluded that all the necessary ultrasounds were performed during pregnancy, no anomaly was detected and the family was informed at all times.
It is indicated that the injuries are congenital and not caused by the assistance received, the death of the minor was not induced and the treatment avoided suffering, considering that the action provided was correct.
The father contacted several centers for his son to undergo surgery, but he received a negative response from all of them and it is ruled out that the transfer had anything to do with the death, since it was carried out in adequate conditions and with sanitary personnel.
In the lawsuit, the parents allege the absence of diagnosis of malformation in the monitoring of the pregnancy, despite the fact that, according to two doctors, it is appreciated and it is considered that the treatment was neglected throughout the gestation.
In fact, the delivery should have been carried out in a reference hospital to intervene immediately, and it is reproached that the parents were deprived of being with their son before his death.
It is also criticized that the transfer to other public and private centers willing to intervene was denied, stating that “the health services, instead of acting to save the patient, even if he had the worst prognosis, let him die because there was a high risk of dying in the intervention.”
The report prepared by a facultative adds that consent was not requested for the transfer to a community other than the Canary Islands, it was not requested in writing, nor was it reported that the intervention depended on the interpretation of a complementary test, which made the risk of death add up to 66%.
Despite the conviction, the Superior Court of Justice of Madrid maintains that “the autonomy of the patient has been respected at all times, the appellant has been informed from the beginning of all the vicissitudes of the treatment and the decisions corresponded to the doctors” and he was given the most appropriate assistance.
