She lost her baby and sued the Roca hospital for obstetric violence

2023-05-30 11:50:00

Four years ago, Ana Orellano (36), from Roca, is in dispute with the Ministry of Health of Río Negro following presenting an amparo and subsequent civil lawsuit to the Hospital López Lima and three professionals from the area of ​​Gynecology and obstetrics for “damages.” In 2019, an event occurred that marked her forever.

Arrived at the hospital seeking help for contractions in the sixth month of pregnancy, but left without indicated care. First they told her that she had colic, then normal pain. On the third day, she was admitted with a ruptured bag and finally miscarried.

In spite of everything, what triggered the judicial complaint was that he never they gave up the body of her baby, which plunged her into a deep depression and post-traumatic stress, who still travels with professional help. When the events occurred, Ana was already the mother of a child, who also suffered the entire situation, as did her partner and the father of the unborn child.

“At 21 weeks I went into labor, had contractions and went to the hospital two days in a row and they did not attend me so I ended up breaking my bag at home on the third day. They admitted me and my baby was born in week 21, ”he recounted in an interview with RIO NEGRO.

The young woman not only denounced that she was a victim of “obstetric violence”, but she also suffered mistreatment and the consequences of a wrong diagnosis, which would have led her to lose the pregnancy, according to what she said.

My premature labor was due to having thyroid, if they had detected it in time, I would have taken medication and perhaps today I would be maternity a three-year-old son “

Ana Orellano (36) complainant

“There was malpractice wherever you look at it, I was also psychologically tortured. (…) a doctor who did not want to induce labor made me listen to my baby’s heart all night.” said the plaintiff.

When claiming the fetus, the hospital denied it, assuring that it was only possible to remove it with a court order, because it weighed less than 500 grams. “I found that in order to remove my baby’s body I had to file a judicial protection,” he recalled. “Why do you want to take it to the body if no cemetery is going to accept it?”Ana recalled that one of the workers asked her that day.

He finally filed the appeal, but “The institution’s response was that they had already disposed of the body. He went to pathological waste and there I entered a state of fury, ”he launched. The institutional argument, for being “abortion” and weighing less than 500 grams, had been that by law it is considered “pathogenic residue”, they informed him following the judicial appeal.

“To all this might not hurthaving a 5-year-old son, who had to explain a lot of issues and that her mother’s psyche was stolen, because her mother would not stop yelling and crying, “he recalled.

After that event, he said that through analysis he discovered that he had hyperthyroidism. “They never asked me for a thyroid test,” told what might have caused the preterm labor.

It is undoubtedly a complex case. A key question is what happened before the pregnancy loss and to what extent the public health system guaranteed the rights of the pregnant woman and her body.

For the woman, it is not easy since the path of demand is “exhausting” and “revictimizing” but from the hand of other complainants he was able to face it up to now. “If there is no agreement, we are going to go to trial,” Orellano concluded.

The woman filed a lawsuit in 2022 for “damages” derived from obstetric violence, once morest the Francisco López Lima hospital and three doctors.


She lost her baby and sued the Roca hospital for obstetric violence: damages


The lawsuit, to which this medium agreed, was raised last year following several failed mediation attempts. In it, the woman asks to be convict for “damages and losses caused, derived from the obstetric gender violence sufferedthe lack of dignified treatment and violation of the rights of the patient, among others derived from Laws 26,485 and 25,929”.

She lost her baby and sued the Roca hospital for obstetric violence: transform pain into struggle and vocation


Ana Orellano told her case following a week of intense activities for Respected Childbirth Week throughout the country. Does eight years following her first pregnancy, she works as a “doula”, a job that consists of accompanying emotionally, physically and educationally to people with the capacity to gestate, during pregnancy, childbirth, postpartum.

And following two difficult pregnancies due to experiencing these injustices firsthand and beginning to learn regarding other cases and testimonies in Roca, she decided to transform that pain into a struggle, to generate some change.

He joined the “My Childbirth, My Decision” Campaign and articulated initiatives with the Roca Campaign for the Emergency in Violence once morest Women, that echoed this type of violence, recognized as a form of gender violence. During her career, she gave informative workshops, prevention sessions, and recorded a short documentary with Gisela Candia regarding the stories of women victims of obstetric violence and health professionals. “The short is my son, I take it everywhere,” she said.

For the plaintiff, the problem is not pointing out doctors or health workers, but that obstetric violence is part of “a hegemonic and patriarchal system where we are all victims at some point. If we decide to have an abortion or decide to give birth, a gender perspective is missing for all of this,” she said.

“When we talk regarding Abuse and obstetric violence is actually this, it is subtle as a phrase that stays there, marking you, sinking you”, concluded.


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