He Third Court of Letters of La Serena hosted a claim for damages filed against the Regional Clinic Elqui SAand ordered her to pay a total of 20 million 933 thousand 185 pesos to a patient who did not receive adequate care when she went to the facility after being bitten by a corner spider.
In the ruling, the judge Cecilia Rojas gave as accredited the «acting negligent» of the Clinicwhose staff on the date of the incident – December 21, 2020 – did not adopt the emergency measures that the case required, which caused verifiable consequences on the plaintiff’s health.
«The conduct displayed by the health professional who was working for the Clinic at that time (…) was not in accordance with the appropriate procedure of a doctor who works in an emergency service; service that, by its very nature, requires the adoption of concrete and rapid measures that reduce the risks to which patients are exposed,» the ruling states.
«POOR PERFORMANCE»
In the process, the healthcare center failed to demonstrate that the failure to comply with its obligations responded to a «fortuitous event or force majeure», which reaffirms the conviction that simply «the performance of the doctor in charge of the examination and diagnosis of the patient (…) was deficientin the sense that did not apply the clinical guideline for the management of corner spider bites«, nor did it adopt the emergency measures that the case required to adequately and timely treat the patient.»
These omissions «led to the subsequent wound superinfectioncutaneous loxocelism and the torpid evolution of the lesion (necrotic plaque formation)» on the woman’s body, who then had to undergo «an escharectomy of the right thigh wound and subsequent musculoskeletal flap, as well as kinesiological therapies to regain mobility,» the resolution details.