The woman had to be operated on on the other leg and also drags severe pain in the limb that was healthy
A patient who underwent surgery for the wrong knee by mistake will now have to be compensated, as recognized in the sentence handed down by the 10th Court of First Instance of Murcia, for which the claim filed by the lawyer Ignacio is partially upheld. Martínez on behalf of the Association El Defensor del Paciente. Despite this, the sentence has been appealed by this entity, estimating that the amount recognized by the judge, which amounts to slightly less than 12,000 euros, is insufficient to compensate for the physical and psychological damage suffered.
The events date back to February 2018, when the woman, who was 45 years old, suffered a traffic accident and was treated at the La Vega Hospital Emergency Service. Shortly after, she was diagnosed with a meniscus fracture in her left leg and was told that she should have an operation. This was done in the aforementioned center, but with a totally unforeseen result, since the surgeon operated on her right knee by mistake. The psychological impact on the patient was tremendous when she discovered what had happened.
As a consequence of this mistake, the woman had to go back into the operating room, this time, to undergo surgery on the left knee, but, in addition, the right joint evolved negatively, leading to functional limitation and severe pain. After multiple injections, the patient has ended up being referred to the Pain Unit and is undergoing psychological treatment.
Informed consent
This situation led the affected person to the Association El Defensor del Paciente, who entrusted the case to the specialist lawyer Ignacio Martínez. He wanted to record that, “despite the obvious malpractice and the fact that the victim only asked for an apology from the hospital and the surgeon, as well as reaching a reasonable compensation agreement, those responsible for the center they denied. And he even pointed out that the medical director of the hospital declined by letter any responsibility for the ruling, arguing that the woman had signed an informed consent on her right knee.
With all this, the judgment makes it clear that, after analyzing all the probative material, “we must conclude with the reality of recklessness or professional negligence, which leads to the consequent civil fault.”
Magistrate Rafael Ruiz Giménez reports that, in fact, when the three experts were asked during the hearing, they all admitted that there was an error when deciding which knee to operate on. And likewise, the two specialists proposed by the hospital and by the surgeon himself «admitted in court, at questions from this provider, that, once it was decided to intervene on the wrong knee, there was also lack of skill in the execution of the corresponding operation because, as a result of it, the pain or pain that still persists in the plaintiff as sequels were caused. ”
He ends by warning that the mistake made by the patient when signing an informed consent regarding her right knee “is not a reason that allows the defendant’s civil liability to be excluded or mitigated. The informed consent was not drawn up by the applicant, who is not a doctor, so it is difficult to deduce from such a document a declaration of will “in this regard.
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