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When she was released from the hospital for the second time, doctors recommended that the woman reapply if her condition worsened. However, after less than 12 hours. after that, sudden death occurred in Šilutė.
The spouse who lost his wife and two children took the Šilutė hospital to court. Initially, the case was taken up by the Klaipėda Regional Court, later the Lithuanian Court of Appeal also spoke. Both confirmed that Šilutė Hospital was responsible for the woman’s death.
Burning sensation in the chest.
The Klaipėda Regional Court decided to partially satisfy the victims’ claim. The spouse who lost his wife in the Šilut hospital hospital was sentenced to 30 thousand. 5 thousand euros in non-pecuniary damages (as much as requested – aut. Past.) EUR (the award of 20,000 EUR each was requested – automatic dispatch).
The court determined this in 2017. On October 31, at approximately 7:43 p.m., the spouse took his wife to the Šilutė hospital. The woman complained of discomfort and a burning sensation in her chest.
The doctor recorded the patient’s complaints on the Outpatient Personal Treatment Statistical Card, ordered an examination, a chest X-ray. 9:10 pm the doctor indicated in the statistical treatment card that the patient had complained of a burning sensation in the chest, he prescribed medication.
That same night, at approximately 10 pm, the doctor indicated on the person’s outpatient card that the woman’s condition had improved, the test results were in line with the norm, so she was discharged at his home, he was recommended to see a family doctor.
The woman stayed home for more than a day. But already in the morning of November 2, around 7.40, he returned to the Šilutė hospital. This time she was treated by another doctor.
After more than 20 minutes, around 8:05 am, the family doctor from the Admissions and Emergencies Department of Šilutė Hospital indicated that the woman complained of burning on the left side of her chest and esophagus.
The woman rated the intensity of pain with 5-6 points. The health card indicated that the patient had requested a second time. The patient was prescribed various tests and administered medication.
But already at 10.20. the health card indicates that the patient’s condition is satisfactory, for which outpatient treatment is prescribed. Added recommendation to reapply in case of impairment.
However, the woman was no longer able to apply again. On the night of the same November 2, around 9:00 p.m., the woman died. The woman’s heart broke.
The court’s approach
The court found that the illegal actions of the doctor who examined the patient for the first time were manifested in the fact that in providing personal health care services, diagnosing the patient’s illness, and choosing treatment tactics, he may not have followed orders. from the Šilutė Hospital. Chief Physician and Ministry of Health.
According to the court, the doctor did not fully compile the patient’s medical history and did not rate the intensity of the pain. In addition, as indicated in the conclusion of the examination report of the Kaunas section of the State Forensic Medicine Service, the patient had to be admitted to the hospital for observation and not discharged after painkillers.
The court found exactly the same guilt in the actions of the second doctor. The court noted that even during the repeated visit of the patient, the doctor collected incomplete data on the woman’s illness, ordered a blood test too late, underestimated the importance of the test results, selected an inappropriate treatment and made recommendations. inappropriate for further treatment.
Attention was drawn to the fact that, due to the lack of access to on-site treatment, the woman had to be rushed to Klaipda Seamen’s Hospital. But instead, they released her for treatment at home.
Thus, the actions of the doctors, according to the court, became the direct cause of the death of the patient. Therefore, the court determined that there was a direct causal link between the illegal actions (omissions) of the accused Šilutė hospital employee and the consequences (death of the patient).
The issue of non-pecuniary damage
The court found that the woman and her husband had lived in the marriage for 32 years. According to the court, their relationship was close, respectful and helpful.
On both occasions, the spouse took the spouse to the hospital, to the family doctor, and was well aware of the nature of the woman’s illness. During the court hearing, he constantly recounted his experience at Šilutė Hospital. Therefore, the court awarded all the moral damages claimed by the spouse: 30 thousand. euros.
However, the amounts allocated to a woman’s children are even several times lower than those requested. According to the court, a woman’s children, who have their own family and live apart from their parents, can no longer devote all their time to their parents, so it is natural that the relationship is no longer permanent and the emotional connection becomes weaken.
None of them provided evidence that their health, emotional state, had died after the death of their mother. As a result, the court confirmed his claim only in part and awarded the defendant 5,000. euros. Said non-material damage was appealed, but the higher court did not change its opinion on the matter.
By the way, the representatives of the Šilutė Hospital stated in court that there were no illegal omissions in the actions of the doctors of its employees, which caused or could have caused harm to the patient in any way.
Hospital representatives tried to blame the patient, claiming that there was no evidence in the civil case that the woman took aspirin between the first and second visit, taking care of her health as recommended by doctors.
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