The Administrative Contentious Court 6 of Barcelona has condemned the Servei Català de la Salut (Catsalut) to indemnify with 350,000 euros to a couple for not informing the woman of the possibility of performing a test to know if the baby they expected had Down syndromea genetic disorder with which he was finally born.
The sentence, advanced by ‘El Periódico’ and consulted by Europa Press, states that the mother filed a lawsuit after the birth of her daughter in 2018 claiming that she had not been practiced Diagnostic tests prenatal established preceptively in applicable medical protocols and that would have allowed to determine if the fetus had Down syndrome, which prevented that it could exercise its right to voluntary interruption of pregnancy.
The mother, who was 35 years old at that time, went to the regional hospital of the Alt Penedès (Barcelona) to monitor her pregnancy and already in the ultrasound of the first quarter it was determined that “fetal biometries were not concordant with the time of amenorrhea »-The date of the last rule-which indicated a presence of a risk of intermediate down syndrome, according to the failure.
The lawyer Damián Vázquez, belonging to the legal services of the Association of the Patient’s defender, on behalf of the parents, explained that since the first weeks of gestation the couple suspected that their daughter suffered Down syndrome, as the neonatal biometries of the fetus were minor The usual-as the measure of the femur-so they requested an amniocentesis.
However, the lawyer argues that the hospital told them that there was no reason for concern, because there was nothing to indicate that his daughter did not come “in perfect condition”, without this test being performed or informed of the possibility to do it by other means.
The examination of the gynecological expert contributed by the plaintiffs reflects that «they are Obviously the omissions And the ultrasound errors produced «and that, although public health did not finance said evidence at that time, it was the obligation of the personnel to inform it of the possibility of carrying out the study in private health, since it would have known within the legal period for the interruption of pregnancy.
The magistrate agrees with this reasoning and argues that the fact that the test was not covered in 2018 for public health does not prevent informing about its existence.
“Scarce economic means”
He adds that the doctor who attended it “omitted to advise, or the less inform, of the possibility of performing prenatal tests to guarantee an accurate and early diagnosis especially when it was a non -invasive test” that did not have any risk or for the mother or for the mother Not for the fetus.
The lawyer argues that these facts constitute “an omission of means to the detriment of the parents, which has led to a lack of diagnosis of Down syndrome that finally suffers from their daughter, with all that this means for this family with very few means economic, making the subsistence of all of them very difficult ».
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