THE SUPREME COURT OF JUSTICE of Andalucia has ruled the Andalucian Health Service (SAS) and company Zurich must pay almost half a million euros for failing to properly treat a pregnant woman on the Costa del Sol in 2011.
The woman, who was suffering from diabetes, was not properly assessed at her 36 and 38 week scans, according to the ruling, with doctors failing to measure the circumference of her bump and therefore missing that her child had grown to the unusual weight of five kilos. The judge claims this constituted a “clear infraction during the ultrasound process.”
When the woman gave birth at the Comarcal Hospital of Axarquia her doctors therefore did not have all the relevant information and so did not carry out a caesarean, as is normal when a foetus weighs over 4.5 kilos.
They instead opted for a traditional labour which resulted in the baby girl’s right arm being dislocated and permanently paralysed. The girl now has to walk with a cane and needs help washing and dressing.
In awarding the compensation, the judge also took into account the aesthetic impact of the scarring the girl had received. He commented, “in 99% of cases these incidents are avoidable.”