A woman infected with HIV to her baby to health three years later to tell who had AIDS
The Supreme Court granted the mother of a small 120,000 euros compensation
Correo Digital – A. Czech – March 18 – news
A woman and her son have been marked for life by the negligence of the Valencian Health. During three years between September 1994 and the same month of 1997, the mother was not informed that he had AIDS, and thus could do nothing to prevent his blood through breastfeeding and HIV transmission to their small.
The Department of Health and paid for in part his fault after a first conviction of the High Court of Valencia. But it did with the “ridiculous amount”, as is now described by the Supreme 20,000 euros for damages suffered by the small. This court makes the pain more bearable for mother and baby to increase to 120,000 in compensation to the applicant.
The figure, however, remains far from claiming that the 420,000 euros. And it is that Justice recognizes the damage caused to the baby during pregnancy and lactation, but not the harm suffered by the mother. According to the Supreme, the hit did not provide “any evidence to prove the uniqueness of the damage it has caused the delay in medical treatment.”
Continued neglect
The ruling indicates that the patient was informed by the medical services of the Generalitat Valenciana of their HIV status in 1997. This, despite the fact that physicians were aware of the disease since September 1994, when it was put to a test called Elisa and Screening Confirm Blot.
Along with the delay in reporting the existence of the disease, doctors are Valencians stand idly by. “No action was taken for treatment to reduce the potential risk of transmission to the fetus and to mitigate its effects,” said the statement.
The cries of the target affected the ease with which they could have avoided the contagion of the virus to the newborn. The adoption of a series of precautionary measures were not taken during pregnancy or breastfeeding, as emphasized by the ruling, they would have avoided.
In its application, the mother attributed to the spread of AIDS from blood transfusions and platelet concentrates within a treatment derived from a disease secondary to hepatitis C. But both the Valencian Superior Court as the Supreme agree that there is no evidence to link infection and the performance of Health.
120,000 euros “in any way repair or compensate the damage,” acknowledges the Spanish Supreme Court. At least, as highlighted in the only passage perhaps optimistic the court decision, the affected party, now a teenager, have no symptoms of AIDS.