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The Supreme Court sentenced the Basic Hospital of President Carlos Ibáñez del Campo of the City of Linares, for medical malpractice resulting in the death of a patient suffering from 39, acute myocardial infarction.
The third chamber of the highest court in the country, unanimously decided to uphold the judgment rendered earlier by the Talca Court of Appeal against the center of … medical badistance of Linares, who had ordered the payment of compensation. a family of the victim of 98 million pesos.
According to the detail of the court decision, the victim -Héctor Sandoval Sáez- died at 5 pm on October 7, 2014 at home following an acute myocardial infarction after The Linares Hospital gave him his medical leave five hours before despite the chest pain he had been feeling for days.
"(…) lack of service on the part of the defendant (Hospital) it is sufficiently established in the judgment […] and that, although it is true that health professionals are generally not subject to obligations of results, but means, it must be considered that the death of Mr. Sandoval was caused by careless medical care. ", Confirms the decision of first instance confirmed by the Supreme Court.
In view of the judicial setback and the lack of service, the Chilean State, in its capacity as administrator of the health center, will have to pay the amount of damages to be divided in two parts. the six children of the victim.
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