The Consell Consultiu has issued an opinion by dismissing the claim of more than 300,000 euros that a woman asked Ibsalut for the sequelae suffered following a surgical intervention that was practiced in November 2022 at the Manacor hospital.
The facts, the advisory body points out, would have already prescribed, Therefore, the compensation requested by the claimant cannot be met. The procedure, adds in its conclusions, must now be resolved by the Ministry of Health.
According to the letter presented by the lawyer representation of women, the operation, a lumbar arthrodesis to treat an degenerativetook place on November 21, 2022 at Manacor Hospital.
The letter requesting compensation was presented to the advisory body on January 3, 2024, When state regulations indicate that the Action must be brought within one year from the production of the fact that motivates compensation or from the manifestation of its harmful effect.
During the postoperative period the patient suffered pain And he could not move the lower extremities, so an urgent CT was performed through which an affectation was detected in the lumbar area and underwent a second operation four days after the first.
The inconvenience continued, so on March 29 of the following year he went to the Mutua to perform an electromyogram, which revealed that the operation had left as a sequel a radioculopathy, an injury in one or several nerve roots in the lumbar area.
As a consequence, The woman suffers “intense and continued pain, Sensation of burning in the left leg, it is difficult for you to walk normally, load weight, ”he lists the writing. All this prevented him from being able to attend his business, because he was autonomous.
Given this situation, it was referred to the Son Espases University Hospital, where the woman is being subject to different tests and monitoring by the Neurology Service. It is also undergoing psychological treatment.
The lawyer considers that in the first intervention there was a bad praxisbecause the doctor who intervened it “did not have the review and caution in relation to the valuation, monitoring, post -surgical control of its harmful process and treatment of subsequent complications.”
It also alleges that the patient’s autonomy was violatedsince he was not previously informed of the risks of intervention and the other therapeutic possibilities for which he could have opted.
All this, he maintains, is due to a causal relationship between the physical sequelae of the claimant and the medical assistance he received at the Manacor hospital, so he requested compensation of 301,789 euros that has finally been dismissed.
There is no bad praxis
In its report, the Consell Consultiu analyzes all the evidence presented in the case and is renovating some aspects that enter into contradiction with the woman’s version.
For example, detail that The patient signed a consent document Informed (DCI) by the operation of arthrodesis and expressed satisfaction with the information they had provided on the risks.
The first intervention, continues, “without incidents.” Given the pains in the lower limbs, he is subjected to a surgical review to comply with the implants, also “without incident.”
In the following weeks, as apparently the pain did not send, he returned to the Manacor hospital, but expressed his distrust with one of the doctors that had previously treated him. In February 2023, another doctor, who notes in his report that has improved his motor function.
Then the tests in the mutual and Son Espases arrived, which detected “signs of axonal degeneration” and “advanced chronic neurogenic changes in the myitotoma.”
An August 2024 report, prepared by a specialist in orthopedic surgery and traumatology at the request of the IBSALUT insurer, determines that The treatment proposed by the Manacor hospital is adequate “Both in time and form” to treat women’s injuries.
«What has happened is not a bad praxisbut a complication described in the literature and in the document of informed consent of properly indicated surgery, typical of these procedures and properly managed, although he has left sequelae, ”concludes the expert.
An inspector of the Autonomous Health Service (also in a report dated in August last year) insists on sequelae are despite the “correct assistance and not as a consequence of them.”
