The Santiago Court of Appeal has condemned the doctor to pay compensation to Daniela Campos' 60 million pesos for the death of his daughter, who died four days after her birth when granting a transfer outside Santiago.
In a unanimous decision, the Seventh Judicial Council of the Court of Appeal – composed of Ministers Omar Astudillo, Maria Cecilia Gonzalez and the lawyer (i) Angel Kruchaga- He established the unethical behavior of pediatrician Mauricio Pinto Sid, who then worked at Clinic Las Condes, allowing the trip to Campos and his daughter in La Serena.
According to its resolution, "there are contractual violations, which are derived from misdiagnosing the true health condition (…) For the time being, despite the special circumstances of childbirth, that is, the mother with a history of severe hyperthyroidism, urgently temporarily hospitalized, with 32 weeks of pregnancy, in conditions of hypertension and pre-eclampsia, the pediatrician failed to fulfill the care obligations associated with that particular delivery condition, skipping the work of the respiratory examinations, causing negligent behavior to approve the girl's transfer – a few days after birth, outside the city of Santiago. "
Along with that, "Once the emergency situation is confirmed, adopting a passive attitude and, counterproductively, suggesting that the mother transfers the girl to Clinic Las Condes, in this city. In return, especially with regard to the girl's hospitalization phase, the defendant Clinic also violates their duties without demonstrating the adoption of all precautionary measures and precautionary measures for which the case is based, limiting the treatment of exercise by usual or routine examinations that are inconsistent with the specific conditions of the girl's birth. "
The Court of Appeal rejects the request against the clinic, since the recipe refers to the institution.