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“Due to the unexpected and sudden death of their only child, the parents suffered great spiritual experiences, great pain, the mother’s health deteriorated and the death of the daughter caused the need for the applicant to visit a psychologist,” stated the Lithuanian Court of Appeal. – Due to the violation of a person’s fundamental right – the right to life – after the death of an unmarried daughter, another value was violated – a person’s right to a family, which is protected by the state according to the Article 38 of the Constitution. The unexpected death of their only daughter has changed the life of the family in an irreversible way, violating the expectations of parents, who associate with their daughter and their own future, and at the same time one of the greatest social values: the right to have a complete family. “
On appeal, a three-judge panel that saw a case in which deceased eighteen-year-old parents took him to Marijampolė Hospital announced that the medical institution would have to pay 50,000 euros to the parents. Another 30 thousand. The euro had previously been paid to them by an insurance company where the hospital had insured its patients against accidents. This was the maximum amount that insurers could pay parents.
“The actions of the employees of the health institution caused irreversible consequences, the relationship between parents and children related to the past, present and the naturally expected future of the parents was broken,” noted the judges of the Lithuanian Court of Appeal in their decision. I was only partially satisfied with the claim as they were awarded a lower claim: 30 thousand. Eur – amount.
According to the data of the case, it was established that in 2018. February 15 An eighteen-year-old girl living in Marijampol traslada was transferred home from Marijampolė hospital due to repeated fainting and loss of consciousness. A few days earlier, the patient had complained of a sore throat and cough.
At the treatment center, a doctor from the Admissions Department ordered an X-ray, but the girl fainted during it. Because the blood tests “showed nothing wrong” and the x-ray showed pulmonary bronchitis, the doctor intended to take the patient home for treatment, but suddenly his condition worsened again, so he decided to prescribe treatment. hospitable. That same day, a doctor from the Department of Internal Medicine who examined the girl prescribed a course of antibiotics.
“In the period of 2018. February 16 to February 19. The patient in the early morning did not have any medical supervision, said the court. – February 19 Early in the morning (6.30 am) the patient suffered an acute deterioration of health, he went into a coma and, despite the resuscitation actions carried out by the Marijampol personal Hospital staff, he died the same day ”.
Obstructive (extracardiac) shock caused by massive pulmonary artery thromboembolism was later found to be the cause of death in an 18-year-old. “The clinical and pathological diagnoses did not match,” noted the physicians who conducted the study on the patient’s death.
The Commission for the Determination of Damages to the Health of Patients under the Ministry of Health pointed out that the staff of the Marijampol Hospital Hospital were not attentive and careful enough, did not make the maximum efforts to make a correct diagnosis and treated them accordingly, which it could save the girl’s health and life.
The parents who took the Marijampolė Hospital to court said that the doctors should take responsibility for the death of their daughter because it is due to “clearly insufficient medical supervision, more precisely, her absence, an incorrect diagnosis at the beginning of the disease, the lack of response to the condition and course of the patient “. patient in treatment “.
“Our daughter may have been saved by a few simple and rapid tests, but the study aims to provide highly specific tests that could have diagnosed an impending (probable) massive pulmonary embolism,” the parents said. 2-8 percent.
The court agreed with this position and determined that the Marijampolė Hospital did not provide the health care services adequately because it had made a misdiagnosis, did not perform specific tests to diagnose pulmonary embolism and the patient died of pulmonary embolism.
However, as the judges pointed out, the case data confirm that the moral damage to the parents who lost their daughter was not caused intentionally. But according to the judges, the data in the case also confirms gross negligence and negligence by hospital staff in providing medical care.
February 15-16. The doctor of the Department of Internal Medicine of the Hospital, must suspect, diagnose and treat pulmonary embolism according to his competence and skill, without making possible diseases based on the patient’s complaints, medical history, objective diagnosis, laboratory differential diagnosis and instrumental, violated the legislation that essentially obliges internal medicine doctors to test, diagnose, treat, provide quality health care services, leave patients with unclear health status to the doctor on duty, and process medical documents accordingly with the procedure established by law, ”the court said.
According to the judges, the Lithuanian Supreme Court has clarified that healthcare institutions and patients are subject to the obligation to guarantee a degree of diligence, care, caution and qualification, but not the obligation to achieve or guarantee a result.
“A physician cannot guarantee a result for objective reasons (individual characteristics of a particular human body and the level of biological processes, medical science and practice that take place in it), but it is the duty of the physician as a professional to try to help the patient to recover. – The judges cited the jurisprudence of the Court of Cassation. – This obligation must be fulfilled with the utmost effort to preserve this possibility. As a professional, the physician must apply diagnostic and treatment methods in accordance with the current state of science and the practice “.
According to the court, the employees of the Marijampolė Hospital did not take every opportunity to explain the patient’s state of health, which would have increased her chances of recovery.
“The abundance of treatment errors: not taking all the necessary actions to determine the cause of the deterioration of a person’s health, not monitoring the patient’s condition affects the amount of non-pecuniary damage they require,” the decision states.
The Commission for the Determination of Damage Caused to the Health of Patients had decided that the Marijampolė Hospital would pay an additional 4 thousand LTL to their parents. Eur non-pecuniary damages, not counting the amount received from the insurance company.
At that time, the Marijampolė Hospital did not agree with the parents’ demand and asked not only to dismiss it and order them to pay thousands of legal costs. The treatment representatives pointed out that the insurance company paid 30 thousand to the parents without the knowledge of the hospital. Eur for non-real estate and almost 4 thousand. Eur to compensate for material damage.
“There is no evidence in the file that, until her death, the plaintiffs ‘daughter grew up and lived in her parents’ home, and did not, in principle, have a separate and independent life,” said representatives of the hospital in response to the demand. – The patient was a young woman with a close friend who had a regular hospital visit when she became ill. (…) The specialists who evaluate the patient’s clinical case have recognized that the pathology that caused the death of the patient is difficult to diagnose as pulmonary embolism and there are no specific signs ”.
The hospital representatives also pointed out that there is a direct causal link between the death of the eighteen-year-old girl and the actions of the hospital staff.
They also resented the fact that parents were awarded excessive compensation for non-pecuniary damage, allegedly forming erroneous jurisprudence, when an amount greater than that provided for in the insurance contract was awarded.
At the time, the parents said that the hospital staff had not apologized to them so far, the representatives of the medical institution indicated that they expressed their condolences in writing to the parents who had lost their daughters by sending a response to the lawsuit. for pecuniary and non-pecuniary damage.
“Our daughter linked her future to art and she was a promising artist, drawing and painting were her individual talents,” the parents noted.
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