August 14, 2022

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Navara Health | Navarro Health Service ordered to pay €150,000 for malpractice in an operation

litigation room in TSJN Conviction confirmed Navarro Health Service– Osasunbidea to make up €150,000 A 43-year-old patient sustained serious injuries after undergoing surgery to place an intracranial implant to correct a detected aneurysm. The ruling, which was upheld by a contentious Administrative Court 1, states that the patient underwent surgery on January 9, 2018 for arterial dysplasia of an aneurysm in order to implant an implant. During the operation, serious complications occurred due to an episode of air embolism, which led to the suspension of the operation, and his admission to the intensive care unit until February 12, 2018, the day he was transferred to the hospital. Neurosurgery. There he was released from hospital a week later and underwent rehabilitative and neuropsychiatric treatment in the following months.

During the operation, the sentence provides for the occurrence of a complication of distal cerebral arterial thromboembolism, that is, the ingress of air into the vascular structures of the brain, which led to the suspension of the planned procedure. As a result of poor care, the patient experienced extensive secondary injury to the left hemisphere Various physical sequelae Such as right hemiparexia (paralysis on this side) with accompanying tremor. In the last report of the appellant, the Department of Neurosurgery explained that the patient had experienced little improvement in terms of motor functions, continued to have hemiparesis of the right upper extremity and the aforementioned tremors associated with this case.

At the time of his claim, he requested a total of €321,288, based on the injuries and consequences he suffered. As for temporary injuries, he indicated that he suffered a very serious physical injury for 34 days due to his admission to the intensive care unit, and another 7 days of serious injury due to his admission to neurosurgery and 431 days of moderate injury as a result of treatment in Rehabilitation. The value of these injuries amounted to 27,253 euros. Regarding the final injuries, the patient claimed 21 points of complications of moderate hemiplegia and 50 points of moderate cognitive therapy worth 143,090 euros. In addition, the Court claimed €103,483 for non-pecuniary damages resulting from the loss of quality of life, and the Chamber itself acknowledges that the most controversial amount of claims is the amount alluding to non-pecuniary damage. However, he admits most of the remaining lawsuit, as the appellant “has seriously endangered his health, because as a result of the intervention he was admitted to the intensive care unit, and became in a coma, confirming ischemic injury and Even fearing for his life“.

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