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PORDENONE. Half a million euros to compensate the mother, a little over twenty at the time, for not noticing that the baby was suffering from Down syndrome. This is the Pordenone Civil Court sentence, which goes beyond biological damage and recognizes that because of this medical error, parents have led a different and worse life than they do. could have had. The Auls 4 of Eastern Veneto and the Obstetrics and Gynecology Primary Portogruaro (Venice) will then have to pay for medical liability following the worrisome diagnosis of a genetic malformation, in this case the syndrome of Down, from the child of a young woman, A little over twenty, reside in the region of Portogruaro
The facts date back to the late 2000s. The judicial battle of the parents of the 39, child, who relied on the lawyers Gianluca Liut and Ilaria Giraldo, began in 2012 to get the badessment of the professional responsibility of the doctor and the health structure. "The doctor did not submit the woman to prenatal screening and diagnosis," the woman's law firm said. "The pregnant woman should have been informed of the possibility of an invasive prenatal examination, such as amniocentesis and villocentesis, with relative risks but also with the benefits of a certain diagnosis."
Court accepted the claim for compensation for omitted information and medical error regarding the diagnosis of fetal malformation and gave parents the child's unwanted birth balance damage caused by the medical error, constituted by the greater economic cost than necessary for the maintenance of a child not affected by the syndrome
"The case of the case – writes the judge Francesco Tonon – constitutes a paradigmatic case of a human right, of constitutional importance, that, independently of a moral or biological damage, imposes and the wounded to lead day after day, in the most minute occasions as in the most import antes, a different and worse life than would otherwise have led. "
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