The Appeals Chamber of Santiago condemned the physician to charge 60 million pesos to Danielli Campos for the death of her daughter who died 4 days after she was born when she approved the transfer outside of Santiago.
The Seventh Panel of the Appellate Court – composed of Minister Omar Astudillo, María Cecilia González and Attorney (s) Ángel Cruchaga – He founded the negligent behavior of pediatrician Mauricio Pinto Cid, who then worked at Clínico Las Condes, approving Campos and his daughter in La Serena.
According to his resolution, "there are contractual injuries, all resulting from a misdiagnosis of the true state of health (…) For the time being, in spite of the special circumstances of maternity or mothers with the history of severe hyperthyroidism, urgently hospitalized, with 32 weeks of pregnancy, in hypertension and preeclampsia, the pediatrician has failed to fulfill the duty of care associated with them to the particular condition of delivery by omitting the effect of respiratory examinations, caused the negligent behavior of the girl's transferring power – a few days after birth – outside the city of Santiago. "
Besides, "After the emergency situation has been confirmed, she adopted a passive attitude and, conversely, suggesting that the mother should return the girl back to Clínica Las Condes in this townOn the other hand, especially with regard to the hospitalization phase of the girl, the defendant's clinic also violates its duties without proving the adoption of all the measures and precautions it deserved, limiting the treatment in practice of joint or routine examinations which did not comply with the special conditions birth of a girl. "
The Appellate Court refuses the claim against the clinic because the prescription relates to the institution.