The caesura trial took place, in which the Public Prosecutor’s Office required punishment for the Pediatric surgeon Fernanda Torres who was convicted of leaving a 5-year-old boy quadriplegic in Viedmaunder the crime of “serious negligent injuries”.
In this regard, the Prosecutor’s Office and the plaintiff attorney agreed today in require two years of conditional imprisonment and two and a half years of disqualification special to practice medicine. The penalty provided for the offense involved ranges from six months to three years in prison and a similar period of disqualification (from 18 months to 4 years), as set forth in the Penal Code.
The event occurred on September 10, 2019, in the followingnoon at the Zatti Hospital in Viedma, when Fernanda Torres performed a surgical procedure on the child who had been admitted for a fever.
It was accredited, and for that reason the professional was opportunely condemned, who “the child entered the operating room without a hypertensive pneumothorax” and that “before the intervention he was hemodynamically compensated”.
The Prosecutor’s Office maintained that “it was the defendant who caused the hypertensive pneumothorax” that leads to cardiorespiratory arrest and that is not resolved until a couple of hours later in another room and by another professional”. During that time “the child’s lung was collapsed, compressed without achieving 100% effective ventilation” producing the serious consequences that he suffers today.
Today’s instance began with the presence of witnesses who gave their testimony regarding the accused’s professional activity and told what the victim’s life was like before and following the fact.
At the time of requesting the penalty, Prosecutor Paula Rodríguez Frandsen said that the lack of a criminal record is favorable to the doctorbut clarified that it is involved in other similar criminal cases that, however, cannot be considered at the time of measuring the criminal.
Instead, he said that Torres’ specialization in children’s surgery should have allowed him to act in a way that was above average, recalling that the patients who testified spoke of “an arrogant attitude”, He stressed that three of the parents of affected patients mentioned that he did not provide them with information in the framework of his interventions and added that in said cases “he refused to receive help and suggestions even from other surgeons.”
“This shows a disrespectful attitude towards the rights of patients”, therefore the request for special disqualification added the requirement to carry out during the period of the same, courses that improve their communication and dealings with them.
Frandsen expressed that “there is no way to measure the damage it caused”, an aspect that the plaintiff attorney deepened: “The extent of the damage caused is the greatest, we are on the border between a very serious injury and death with too low a life expectancy,” he told the minor’s parents, adding that “The accused caused a very strong damage in the life of the child and in the family dynamics that were dismembered following this event.”
In this sense, following mentioning that The doctor is involved in three different criminal proceedings, she clarified that the lack of computable criminal records “It does not allow to reach the maximum of the foreseen sentence”. It was extended in relation to arguing the request for special disqualification to practice medicine.
To complete, defense attorney of the surgeon, required the minimum penalty of fine and disqualification but just for surgery.
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