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Without precedents negligence of the surgical team. The patient’s adventure and the legal dispute after the mistake that almost caused serious problems for the unfortunate woman.
Everything surgery spatula in the abdomen of a patient forgot about a medical team from a public hospital who operated on a patient, who was forced to undergo second operation in just 17 days to remove your forgotten surgical tool.
For this reason The court awarded him compensation of 64,516 euros, as monetary compensation for the moral damage suffered by her and her close relatives, money paid by the hospital where the operation was performed, however, by decision of the Court of Accounts, the medical team is obliged to return this amount to the state hospital. of Central Macedonia.
In particular, the Plenary of the Supreme Court of Finance ruled that the entire medical team is responsible against the hospital for the “damage they caused in the performance of their official functions”, since the abandonment of the medical tool “is due to gross negligence “, that is to say, “lack of the elementary diligence required by law of the ordinary and competent person, which the law requires of all persons within the circle of their professional and social activity.”
Unprecedented neglect
The surgical spatula was large (23.7 cm long and 8.4 cm wide) and it was removed with a new operation after the patient had previously suffered “physical injury and in particular an acute inflammatory reaction, due to severe clinical symptoms, such as extensive rash after itching, exertion, high fever”, while the hospital had discovered the lack of surgical tool!
According to the judges of the Plenary of the Court of Accounts The entire medical team involved in the operation in question showed unprecedented carelessness and the lack of basic care from a competent and ordinary person and, in particular, from the medical team, “improperly fulfilled their official and medical functions, causing damage due to gross negligence.”
The entire medical team, that is, the obstetrician-gynecologist and the director of the hospital clinic, the two obstetrician-gynecologist assistants, one from the 5th year and the other from the 3rd year of the specialty, and a nurse-tool, after the operation ( hysterectomy) and before performing the so-called abdominal suture), as reported by the Court of Auditors “,was not taken care of, since they were obliged by their profession, to show special diligence and attention, in order to avoid any case of abandonment of a medical tool inside the patient’s body ”.
The justices of the Supreme Court note that “doctors for their negligence did not follow the commonly recognized rules of medical science, but also from common experience and in particular, they did not perform the necessary control on the patient’s abdomen, in order to verify with their own senses that there is no foreign body and that none of the objects and tools used for the operation remained, obligation that all doctors had, that is, the team leader, who performed the surgery, as well as the other two assistants, who in fact called the incision of the operated one ”.
In particular, the judges point out that the medical team in question failed to “remove from the patient’s abdomen, before summoning the surgical wound, the special spatula used during the operation, although it had to remove it, in accordance with the rules of medical science. “. , but also of common experience “.
The result of this negligent conduct – the judges continue – was “stay for 17 days in the patient’s abdomen, the large metal medical tool, and in particular in the middle of the ileum intestines and the main furniture, without the doctors noticing, and the two specialist doctors closed the surgical incision, after the chief doctor preceded the peritoneum septum ”.
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