Friday, July 1

The Community of Madrid, condemned for the death of a two-year-old boy after not carrying out the necessary tests for his diagnosis

The Superior Court of Justice of Madrid (TSJM) has sentenced the Community of Madrid to compensate parents with 60,000 euros for the death of their son, a minor under two years of age, considering that it occurred because they had not carried out the necessary tests to rule out his true diagnosis.

In the ruling, to which Europa Press has had access, the contentious-administrative appeal filed by the Patient Ombudsman Association for abnormal functioning of the medical services of the Rey Juan Carlos University Hospital and Health Center, in the care provided, is partially upheld. to the minor.

There were more than six times in 20 days that the parents of the minor went to the Emergency Department of the Rey Juan Carlos Hospital (Móstoles), a health center that maintained the diagnosis of respiratory tract infection at all times, without completing the study and ensuring what really happened to the child.

From August 22, 2018 to February 19, 2019, diagnoses of bronchiolitis and acute pharyngotonsillitis were maintained in all emergency visits.

Subsequently, in the care periods with hospital admission from February 22 to March 1, 2019, where the child was admitted, a lumbar puncture was performed, described as reckless, and he was discharged without performing a Brain CT, despite the negative result of the aforementioned puncture and the state of decay without fever of the child.

Once the CT scan was performed, when the child was admitted to another hospital, cerebellar bleeding was observed that caused obstructive hydrocephalus, and he was transferred to Hospital de la Paz, where he underwent emergency surgery through a decompressive craniotomy. The pathological anatomy result was a grade II-III ependymoma (central nervous system tumor), the minor dying on April 27, 2019.

According to the sentence, in this case the necessary tests were not carried out to rule out the true diagnosis of the minor, despite the insistence of the parents.

“Given the appearance of neurological symptoms not sufficiently explainable by some of those presented by the patient and the results of the tests, lumbar puncture and abdominal ultrasound, performed, a cranial CT scan should have been performed before discharge, to rule out another neurological disease, what was not done, which is why the diagnosis and treatment of the ependymoma was delayed, ”says the ruling.

The sentence, contrary to what was maintained by the expert of this part, considers that the survival of the minor is not proven in the event that medical assistance has been correct, which is why the compensation has been reduced to 60,000 euros.