The Court of Appeals & # 39; Santiago doctor sentenced to pay compensation & # 39; 60 million pesos to Daniella Campos to death & # 39; her daughter, who died four days after born in authorizing transfer outside Santiago.
F & # 39; unanimous decision, the Seventh & # 39; Chamber of the Court & # 39; Appeals – Omar Astudillo made by ministers, María Cecilia González and attorney (s) Ángel Cruchaga- He established negligent behavior by Mauricio Pinto pediatrician Cid, who then worked in & # 39; Clinica Las Condes, authorizing the trip & # 39; Campos and daughter to La Serena.
Under its resolution, "a contractual breach, everything that comes from bad analysis of the real state of health (…) For now, despite the special circumstances of birth, ie, a mother with a history & # 39; severe hyperthyroidism, urgent hospital, with a 32 week & # 39; pregnancy, under conditions of & # 39; hypertension and preeklampsia, the pediatrician failed to comply with a condition of that particular delivery, leaving out the execution of & # 39; respiratory examinations, incurring negligent behavior & # 39; authorizing the transfer of girl a few days after birth, outside the city & # 39; Santiago. "
Along with & # 39; so, "Once the emergency has been verified, the adoption of & # 39; passive attitude and, b & # 39; counterproductive way, suggesting that the mother transfers to the girl returned to Clinica Las Condes, in & # 39; this city. In turn, especially with regard to the phase & # 39; the hospital the girl, the defendant Clinic also violates their duties, without demonstrating the adoption of the measures and all the precautions deserving case, a & # 39; common examinations or & # 39; routine, which did not comply with the specific conditions of the newborn girl. "
The appellate court rejects the claim against the clinic because the limitation applies to the establishment.