MEDICAL SANITARY LIABILITY FOR DIAGNOSTIC ERROR IN A TUMOR

The Valencia Administrative Court 2 has issued a judgment condemning the Ministry of Health to pay compensation of 33,189€ to the widow of a person, for the diagnosis error produced in the patient when diagnosing a tumor in the head as malignant , and administer 18 cycles of chemotherapy, for 14 months when, seeing that the disease was not progressing, they reviewed the analysis and found that the tumor was benign. It was a miracle that the patient survived 14 months of chemotherapy, but the state she was in was deplorable.

Nor can he find an explanation how, having given him a life expectancy of 4 months at first, it would take so many months to stop the treatment and review the analytics.

Health responsibility had no doubts. The difficulty of the process was in evaluating the pathologies created by the side effects of chemotherapy, since they concurred with the neurological lesions caused by the benign tumor.

This Judgment helps to repair, to a small extent, the damage caused to the family.