The judicial resolution, dated February 25, 2026, partially upholds the appeal filed by the deceased's relatives. The sentence establishes compensation of 65,000 euros for the deficiency in the healthcare service provided.
According to the proven facts, the patient was admitted to the San Juan University Hospital in July 2020 for acute cholecystitis. After an initially favorable evolution, on July 25, he suffered an abrupt deterioration in his level of consciousness. Despite the severity, the neurological evaluation was delayed for four days, even after the family insisted on the need for urgent attention.
The diagnosis of non-convulsive epileptic status occurred on July 29, when the patient's condition was already critical. Although treatment was initiated, there was another delay of at least 24 hours in his admission to the ICU, which did not happen until July 31. The patient passed away on August 10, 2020.
“"The Chamber concludes that the healthcare assistance was deficient, as there were unjustified delays in both the neurological evaluation and the admission to the ICU, which negatively influenced the prognosis."
The expert reports included in the sentence indicate that these delays conditioned the unfavorable evolution of the clinical picture. However, the Court applies the doctrine of loss of opportunity, considering the patient's age and his previous pathologies, and reduces the compensation amount.
The family and their lawyer believe that this criterion should not be applied in this case, as, they argue, there is a direct relationship between the delays and the death, as well as an evident infringement of the lex artis. The resolution is not final and can be appealed before the Supreme Court.
