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The Santiago Court of Appeal sentenced the doctor who authorized the journey of the untimely daughter of Daniella Campos Lathrop from the capital to the town of La Serena with her and the father of the girl, the Vicente Leguina National Corridor.
According to the decision of the court, the negligence occurred on July 17, 2009, when the pediatrician Mauricio Pinto Cid who was working at Clínica Las Condes at the time, was authorized. that the parents of the minor – who had 9 days to that date – transferred her to the town of La Serena, because, according to the parents themselves, the weather was milder and the child could be safer.
This, given that the minor, named Florencia, after her untimely birth, had "irregular" breathing according to the parents, which is why was afraid to stay in Santiago a city that was then confronted to a rather cold climate and in full collective psychosis by the arrival in the country of "swine fever".
It is then that the doctor authorizes the request of the parents justifying its decision in which the minor does not present any pathology which prevents it and which, in fact, the climate was best in La Serena. [19659002] After arriving in the city mentioned above, Daniella Campos and her partner noticed that the child had changed skin color by warning the doctor who had urged them not to not to worry.
At the insistence of parents, the professional suggests bringing the baby back to the Las Condes clinic in Santiago, where she died 11 days after birth.
The decision of the court
Now, after a judicial overthrow of the eleventh civil police court in Santiago that had dismissed the charges against the professional, the capital court sentenced the pediatrician to pay an indemnity of 60 million pesos to the parents of the deceased newborn as compensation for the injury suffered.
The Seventh Chamber of the Court of Appeal unanimously established the negligent conduct of the physician.
"There are contractual violations, all derived from a misdiagnosis of the true state of health (…) For the moment, despite the particular circumstances of childbirth, it is to say of a mother with a history of severe hyperthyroidism, admitted emergency, with 32 weeks of pregnancy, under conditions of hypertension and preeclampsia ", details part of the decision.
The resolution adds that the pediatrician has breached the protective obligations badociated with the particular condition in which the child was born "by failing to perform respiratory examinations and by negligently encouraging the transfer of the girl child. days of birth, outside the city of Santiago. "
In addition, the court of appeal dismissed the legal action brought against La Clínica Las Condes because the delay of prescription applicable to that establishment was applied.
Daniella's response
In her Instagram account, the model was pleased with the court's decision and took the opportunity to remind her daughter that she was currently 8 years old.
In addition, Daniella Campos said that she would continue "in the fight until the end" so that Las Condes clinic would also be sentenced by the courts.
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