The TSJM ruling concludes a legal process initiated by the patient's family, who alleged failures in the emergency medical care received. The Madrid administration had initially rejected the claim, denying any negligence by the medical team.
The core of the dispute was whether the medical team acted correctly or if errors contributed to the death from aortic dissection. The family, represented by lawyer Carmen Fernández-Bravo from the 'Patient's Advocate' Association, argued that a prompt and accurate diagnosis could have prevented the fatality.
After meticulously reviewing technical reports, including those from Health Inspection, the judges determined that while the initial visit on November 1, 2021, did not show clear negligence, the hospital's subsequent actions were deficient. Crucial findings in a CT scan on November 3, such as a small heart effusion and a chest hematoma, were overlooked.
The court applied the legal concept of 'loss of opportunity,' concluding that the hospital deprived the patient of a real chance for treatment, even if survival could not be guaranteed with 100% certainty.
Consequently, the TSJM partially upheld the family's claim, overturning the previous denial of compensation. The Community of Madrid is now obligated to pay 142,439.66 euros for moral damages, to be distributed among the relatives. The court did not impose legal costs on either party.
“"This is a truly dramatic and unfortunately avoidable case. A person dying from an aortic rupture cannot be dismissed with a diagnosis of a simple respiratory infection and sent to a waiting area. This shows that haste, lack of thorough review, and patient overload often come at the cost of human lives."
Carmen Flores, president of the 'Patient's Advocate' Association, emphasized the need for the sentence to go beyond financial compensation. She called for an immediate review of radiological reading protocols in the emergency department at Infanta Leonor Hospital and for increased resources to prevent similar situations.
