Priscilla Folgosi Castanho
Lawyer at Marcos Martins Law Firm
The São Paulo Court of Justice, in a judgment handed down by the 7th Chamber of Public Law, ordered the Municipality of São Paulo to pay compensation to a mother and child for an error in childbirth The decision accepted the claim for compensation and ordered the payment of moral damages in the amount of R$100,000, including the obligation to cover the costs of medical treatment and a lifetime monthly pension for the child, in the amount equivalent to two minimum wages
The lawsuit was filed because the mother, then 29 weeks pregnant, was admitted to hospital complaining of shortness of breath, and was treated and released She was subsequently admitted to the same hospital on six other occasions, until she was admitted for labor
When tests were carried out, the medical team diagnosed that the fetus was in the cephalic position (the position in which most babies are found at the time of delivery), with weight and size compatible with the choice of normal delivery However, the doctors failed to notice that the fetus’ neck was wrapped by the umbilical cord
When the court ruled, it was held that the causal link between the failure to provide medical care and the sequelae suffered by the fetus had been characterized, and that compensation was therefore due for what happened The Court of Justice pointed out that “the sequelae were the result of anoxia caused by the umbilical cord circles, with evidence of fault on the part of the service, even though there was no proof of fault on the part of the medical professionals, but with poor provision of the public service. The position adopted by the São Paulo Court of Justice was strictly in line with current legislation and the case law of the Higher Courts, and deserves to be highlighted and recognized.
