A patient who, after suffering a tear during childbirth, expelled feces through the vagina, as a result of a incorrect suturehas the right to be compensated with 370,000 euros by the company with which she had medical assistance insurance.
This is how it is arranged in the sentence handed down by a court of First Instance of Murcia which has just been confirmed by the Provincial Court by rejecting the appeal filed by the insurer and in which it alleged lack of passive standing and prescription of the facts.
The Court’s ruling, to which Efe has had access, thus ratifies the court’s resolution, which also sentenced the defendant to pay the interest accrued since February 2020, when it became aware of the claim, increased by 50%.
The court declared it proven that after the tear, grade fourwhich occurred during childbirth, the rectal mucosa and vagina were sutured en bloc, without making a correct identification of the anal sphincterswhich caused incontinence of feces and its exit through that area.
And he added that this medical action, as the patient’s lawyer, Miguel Cáceres, had pointed out, had been incorrect as it had The suturing was performed as if it were an episiotomy.