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Decision Confirms Compensation and Guarantees Minimum Wage Pension, in Addition to Full Coverage of Treatment and Rehabilitation
The court partially upheld the ruling that requires the State of São Paulo and a hospital to compensate a mother and child for medical error during childbirth. The case involves irreversible sequelae in the baby after complications at birth.
The ruling establishes payment of R$ 100 thousand for each of the plaintiffs and determines minimum wage alimony as long as the need is proven. It also guarantees coverage of all expenses for treatment and rehabilitation.
The judgment was made by the 12th Chamber of Public Law of the São Paulo Court of Justice, which partially upheld the decision of the 12th Court of Public Finances of São Paulo. The ruling found that damage, causal link, and medical negligence were proven.
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What Happened and Why It Got Attention
The patient was at 41 weeks of gestation and was referred to the hospital. The medical team insisted on performing natural delivery, even with the delay in birth.
At the time of delivery, a maneuver was performed to push the baby down and there was an application of adrenaline shock. After birth, the newborn suffered from severe asphyxia and needed to be taken to the ICU.
The situation resulted in consequences deemed irreversible. The case led to the accountability of the public authority and the hospital for the care provided.
How Responsibility Works in Cases of Medical Error
The public administration can be held accountable when the link between the agent’s conduct and the damage is demonstrated. In practice, this requires proof of causal link and the damage suffered.
In cases of medical error, the analysis also involves the presence of fault, such as negligence. When these elements are recognized, the duty to indemnify arises.
The judgment affirmed the existence of medical negligence and pointed to a failure in childbirth assistance as the cause of the child’s sequelae.
Failure in Assistance and Impact on Mother and Child
The ruling registered a failure in childbirth assistance and indicated that the baby suffered from severe neonatal anoxia. This type of condition occurs when there is a lack of oxygen to the newborn, which can cause permanent damage.
The understanding acknowledged that the failure in care was directly related to the outcome of the birth. Thus, the obligation to compensate for the damages caused was established.
The rapporteur of the appeal was the judge Souza Nery. The judges Edson Ferreira and J.M Ribeiro de Paula also participated in the judgment.
What Are the Amounts and What Was Determined
The compensation was reduced from R$ 200 thousand to R$ 100 thousand for each of the plaintiffs. Even with the reduction, the ruling upheld the duty to compensate for the damages caused.
In addition to the principal amount, minimum wage alimony was established as long as the need is proven. This pension seeks to ensure continuous support in light of the limitations generated by the clinical situation.
It was also determined that all expenses for treatment and rehabilitation would be covered. This measure reinforces the obligation to provide permanent assistance when the damage requires ongoing care.
What Changes in Practice for Those Facing a Similar Situation
The decision shows that cases of medical failure in public or public authority-linked care can generate a duty to indemnify when there is evidence of damage and a link to the care provided.
It also highlights that the judiciary can establish not only compensation but also pensions and full coverage of medical costs when the situation requires prolonged support.
For families in a similar situation, the central point is the need to demonstrate the fault, the damage, and the connection between the two, without relying solely on generic allegations.
What Can Happen from Now On
With the partial maintenance of the conviction, the state and the hospital are obliged to comply with the established determinations, including R$ 100 thousand for each plaintiff, minimum wage pension, and coverage of treatment.
The case reinforces the importance of decisions that recognize permanent consequences in situations of inadequate assistance. It also emphasizes the significance of the causal link in accountability when there is medical negligence.
The measure has a direct impact on the life of the mother and child, ensuring resources and support to cope with the sequelae and the need for ongoing care and rehabilitation.
EU SOU DE EUNAPOLIS BAHIA ACONTECEU NEGLIGÊNCIA MEDICA NO MEU PARTO , MEU FILHO E UM MILAGRE DE ESTAR VIVO. HOJE ELE ESTAR COM 11 ANOS E COM PARALISIA CELEBRAL GRAVE, DEPOIS DISSO EU NUNCA MAIS FOI A MESMA PESSOA, MINHA VIDA MUDOU COMPLETAMENTE, FISICAMENTE E PISCOLOGICAMENTE. MINHA VIDA PAROU , HOJE SÓ CUIDO DELE. FALO ISSO COM COM NO NA GARGANTA DE NÃO PODER FAZER NADA PRA TER JUSTIÇA. E MESMO COM A JUSTIÇA SENDO FEITA JAMAIS VAI MUDAR O QUE FOI FEITO COM O MEU FILHO .
AGORA BUSCO PRA PELO MENOS ELE TER DIRETO DE UM BENEFÍCIO PRA AJUDAR COM OS GASTO E UMA BUROCRACIA, TEM QUE SE UMILHAR PRA TER DIREITO.
Uma vergonha,o que é 100 mil? Por condenar uma crianca a
vegetar e a família a sofrer? Da nojo ver isso.
Uma vergonha, 100 mil? Por condenar uma criança a vegetar e vamos a sofrer? Da nojo ver isso