The lawyer, Borja Masramon, reached an agreement with the company and received more than one million euros in compensation.

The patient, who died a few months ago, was left in a wheelchair with a disability of 76%

The Criminal Court number 1 of Terrassa has sentenced María JAM, a pediatrician from a primary care center in the town, to one year and nine months in prison for the crime of reckless injury. The sentence, to which this medium has had access, indicates that the convicted woman attended MM from the time she was born in 1997 until 2012. In 2009 the minor began with difficulties speaking and walking, vomiting, headaches or dizziness, for which reason the family began to worry and has asked the doctor if he could suffer from a neurological disease.

However, the pediatrician did not consider that she should order more specific tests to determine the origin of the ailments and advised the family to enroll the minor in psychomotor activities such as hip-hop. In July 2012, the patient was seen in the emergency room at the Dexeus Clinic and after performing a head CT scan, it was found that she had a brain tumor.

The judge considers that the pediatrician, "despite the symptoms presented by the minor" the times she visited her in 3 years "did not use the available means (radiological images, CT scan, Magnetic resonance imaging...) nor did she refer the minor Neuropediatrics is all necessary and essential to carry out a correct diagnostic orientation. As a consequence of this omission by the defendant, there was an inexcusable omission and delay in the urgent surgical action required by the patient.”

For this reason, the ruling indicates that "as a consequence of the lapse of time between the first symptoms of the tumor and its diagnosis" the minor suffered serious sequelae that left her in a wheelchair with a disability of 76% with difficulties speaking and hearing. , double vision, right facial paralysis and other health problems. The various operations failed to fully remove the tumor. A few months ago, the minor died as a result of this pathology. In addition to the prison sentence, the court imposes a disqualification of two and a half years for the doctor to practice the profession.

During the long judicial process, the family and their lawyer launched a campaign to collect signatures online to ask the insurer that covered the civil liability of the doctor in the exercise of her profession for the corresponding compensation to "give our daughter all the care” he needed. In a few days they got some 100,000 supports and the campaign closed with more than 233,000 signatures.

"That they stop seeing us as an expense in their large benefit account achieved thanks to the collection of all our policies and agree, at least, to meet with us," the family asked the insurer and the Servei Català de la Salut in the campaign. as they wanted to avoid trial at all costs. Finally, shortly before the oral hearing, the family, represented by the lawyer Borja Masramon, reached an agreement with the company and received more than one million euros in compensation.

Masramon stated that “this case, in which a girl died with her whole life ahead of her, marked me forever. We lived with the family an unequal fight until the end and we obtained one of the maximum compensation that has been given in Spain for medical negligence. It is terrible that Social Security when such clear and evident medical negligence occurs does not have any established path that is not a lawsuit against the insurance companies.

In addition, he added that “the sentence should encourage people who have suffered medical negligence to claim. Sometimes they think that it is not possible to demand compensation or compensation for medical malpractice and this case shows that they should have hope.

borja masramon
borja masramon

Manager of the law firm

Lawyers specialized in traffic accidents, work accidents and medical negligence.

Currently and for 9 years Lawyer of the Consulate of Peru in Barcelona.

Currently and for 8 years Lawyer of the Consulate of Ecuador in Barcelona.

Currently lawyer Consulate of Honduras in Barcelona

The Firm is specialized in traffic accidents, work accidents, medical, labor, criminal and immigration negligence.

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