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The Commission for the determination of damage to the health of patients declared that the hospital must pay 180,000 euros to a child who has been mutilated for life. Both the boy’s parents and his attorney said it was a woefully small amount. There will be enough money for various rehabilitations abroad, which would help the totally disabled child at least a little, for a few years. The family is considering litigating with the Republican Hospital Panevėžys in court for a larger amount.
On June 22, 2019, the family of Živilė and Egidijus de Panevėžys had to become one of the happiest days after the birth of their first-born Mark Jonas. But his parents will never hear him speak, they will not see his footsteps. The life of Mark Jonas is all a suffering and constant trips to the hospitals of the country. The child does not walk, does not sit, does not speak, does not see, the child suffers from epileptic seizures and many other health disorders. Basically, the parents of the child who is in a vegetative state are convinced that their first-born would have seen the healthy world if the cesarean section had been performed at least a couple of hours earlier at Panevėžys Republican Hospital.
Although the hospital denied his guilt, claiming that the obstetrician was a professional with many years of experience in his field, this week’s meeting of the Patient Health Injury Commission recognized that the baby’s disability and serious health they were determined by the actions of the physician. Although the parents asked for one million euros, the commission decided that the Republican Panevėžys Hospital should pay 100,000 for the child and 40,000 for both parents. moral damage. Both parties still have thirty days to appeal the decision.
The sole breadwinner
Mark John’s father, Egidijus M., said it was not the amount the family expected. The son is crippled for life, his health problems will not end in a year or five. The main concern of parents is to provide the child with the most comfortable life possible and opportunities to advance at least in small steps.
“It just came to our knowledge then. There are many rehabilitation clinics abroad where even seriously ill patients are helped to get stronger. We are well aware that we will not put our child on his feet, he will never be a healthy child, but even if your health improves by one percent, it will be an achievement, ”said Egidijus M.
He said that two weeks at the best rehab clinics in Europe cost around 800 euros, as well as additional travel and living costs. For best results, it is recommended to visit two or three times a year. But now a young family can only dream of such help for their child. Mark Jonas’s mother, Živilė, must be with her son 24 hours a day and take care of him. The constant trips to medical facilities and sleepless nights were so exhausting that she needed medical help herself. The sole breadwinner in the family is Egidijus. To support the family, he has to travel to work abroad and, when the child’s health deteriorates, he has to fly back after grabbing the suitcase.
“There are opportunities to help the child, but they are limited by finances. It would be too difficult to transport the child to the rehabilitation clinics. Therefore, we hoped that the money received as compensation for the mutilation of the child would help to achieve this. However, Those 100,000. will be enough for the best two or three years. We will continue to consider whether to appeal this decision, “Egidijus said.
Delayed cesarean
According to the father of the crippled child, the family is already tired of litigation, court procedures are problematic, but parents are more hurt that the administration of the Republican Panevėžys Hospital is shaking responsibility. Even several commissions recognized that if it had not been for the error of the doctor who gave birth, there would have been no such consequences. On June 21, Živile was administered medical preparations to stimulate labor activities, and the condition of the fetus was monitored by recording a cardiotocogram. Everything was fine, but in the evening, when the shift changed, a real life-changing drama began for the young family. The doctor, even when she saw the pathological cardiotocogram, did not evaluate it properly and was in no rush to take urgent action. The cesarean section was delayed two hours.
The child did not receive the world-famous cry: he was born flaccid, breathless, and green water was constantly being poured from his mouth. Doctors drained much of the same raw fluid from the baby. The baby was crazy. According to the father, according to the APGAR scale, the newborn was evaluated with only 2-3 points out of 10. The baby was rushed to the Santara clinics. Doctors immediately told the hurried man that the boy’s condition was very bad. The child was treated with high doses of antibiotics, psycholeptics, tube-fed and then gastrostomy. In the absence of a sufficient sucking reflex, he underwent a percutaneous endoscopic gastrostomy.
I did not receive any apology
According to Egidijus, the doctors in the capital did not hide the darker perspectives of the baby and encouraged the young parents not to give up, to move on.
“And Panevėžys Hospital has never been able to apologize. Each finding was unfavorable to them, but they always categorically argued that the doctor who accepted the delivery was experienced and competent. Even during the last meeting, the hospital representative assured that the doctor was a real professional and stood next to her entire delivery, did not go anywhere, although she knew very well that that was not the case ”, Egidijus did not hide his indignation.
According to him, the hospital got another trump card: at the meeting of the Commission for Determining the Damage to the Health of Patients, he tried to prove that it is necessary to delve into the history of the pregnant medical card. After all, the woman got pregnant after artificial insemination.
“They had that card for a year and a half, and now they are just waking up, because artificial insemination is almost against nature. Such arguments of yours are completely null and void: the whole pregnancy was very smooth, which is perfectly visible on that pregnancy card. Instead of apologizing and seeking a compromise, they stubbornly claim that the hospital is not to blame. Although the six members of the Injury Commission decided unanimously that it was a hospital error for which she should be held responsible, ”said Egidijus.
There is no jurisprudence
Family law attorney Modest Soup said it was really very difficult to estimate how much money could compensate for injuries of this magnitude to a child. In this case, the consequences of medical errors are very serious, causing great irreparable damage to the child’s health.
“We expected at least greater moral damage for the child. He has been diagnosed with a serious disability and his prognosis for recovery is unfavorable. I doubt that such amounts are sufficient for life, because a child will need constant care, medications, rehabilitation procedures ”Said M. Soup.
According to him, there is no such jurisprudence in the case of such serious injuries. About fifteen years ago, the story of the burning of twins at the Marijampolė Hospital was widespread. However, the children recovered, their health was not paralyzed as it happened in this case. This time, one of the severely burned twins was assigned 200,000. LTL, and for both parents 50 thousand. litas compensation. According to the lawyer, the value of money has not only changed over time, but in this case the mother is completely dependent on the child’s disability; You will probably never be able to return to work because your child needs constant care and attention.
“It just came to our knowledge then. He will remain disabled for life. These are not identical things. Therefore, the starting point is not the amount of money, but such a serious health injury,” emphasized the lawyer.
Wait for the hospital’s decision
According to M. Soubas, a solution could be a peace treaty with a hospital, but they have not received such an offer. Even the parents did not receive an apology.
“The hospital administration was not even ashamed to ask parents for money for copies of documents, even though they know how difficult the family situation is. “The hospital looks at this story only from a financial point of view, but does not see the family tragedy caused by the improper performance of its duties,” said the attorney.
According to him, it will be pending for the hospital to decide if they have a connection with the court to prove that the amount awarded by the Injury Commission is excessive. If an amicable agreement is not reached and the case is taken to court, it may result in an increase not only in moral damage, but also in the procedural interest and costs of the litigation.
“If at least one of the parties does not agree with such a decision, the whole process will go to court and it may take a couple of years. We will continue to discuss with the family of the child victim what tactics we will take, but first we must find out what the position of the hospital, ”said M. Sriubas.
I don’t understand why that happened
The obstetrician-gynecologist who accepted the labor that ended after the girl’s mutilation left her job at the Republican Panevėžys Hospital in October this year. Earlier, the doctor told Sekundei, who had left the workplace, that he had been handed over for more than four decades, due to a family accident: a man seriously injured. The doctor said that he remembered the birth of a disabled child, but explained that he could not answer why this happened.
“I remember that case, but how did it happen, if the cesarean was done too late or on time, I can’t answer. I did not make the decision alone, we made decisions in two. I am very sorry for the family. I want to apologize to them a lot. I survive a lot thanks to them. Scary is probably not the case, but it does happen sometimes. I don’t know why this happened, “a gynecologist currently working in another city told Sekundei.
The hospital stands in solidarity with parents
Vytautas Riaubiškis, Communication Specialist at Panevėžys Republican Hospital:
The staff of the Republican Hospital Panevėžys deeply regret the birth, during which pil. EM and JJ were born a baby with a disability.
The Injury Commission meeting took place on February 11, during which a decision was made on the matter.
The Republican Hospital of Panevėžys constantly cooperates with the competent authorities, but has not yet received an official document from the meeting of the Injury Determination Commission, which would officially inform our medical institution about the decision made by the commission on this matter. After receiving the decision from the Injury Commission, we will carefully review it and then decide on the hospital’s future actions.
Our treatment center will refrain from making premature comments at this time, not wanting to further hurt parents for whom it is already very difficult.
We understand the resentment of parents over this unpleasant incident and sincerely sympathize with them on behalf of the hospital community. The hospital staff is doing and will do everything possible in the future to prevent the recurrence of such and similar incidents.
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