the Court second district of Chihuahua ordered the authorities of the IMSS in Chihuahua, and its technical Council in the city of Mexico, providing necessary medical care to a woman who is e vegetative state n by a poor medical attention at one of its hospitals.
In 2016 with two months of pregnancy, the affected patient, who had a history of deep venous thrombosis and pulmonary thromboembolism, submasiva, went to the Emergency Department of a clinic of the IMSS in Chihuahua as she presented symptoms related with their conditions.
However the hospital intensive care unit staff denied service and had it for 12 hours in the Emergency Department, causing severe permanent brain damage with syndrome of wakefulness without response.
From there the woman fell into a vegetative state. Remained interned until age 7 months of gestation and 10 February 2017 a c-section was performed and was the birth of a girl.
At the time the IMSS reported that the baby was born without complications.
The report of the Court of the District of Chihuahua says that 20 days after the birth of the child, she and her mother were given high, despite the vegetative status of women.
Thereafter the medical institution ceased to provide care and medical care required by the patient.
As a result, family members of the affected filed an injunction in the second District Court of Chihuahua providing clinical evidence and documentary that verifies that the IMSS is responsible for the status of women, so it should provide “health care “necessary surrogate and direct” that requires.
They claim that, after being given high only was assigned, by the State, a home visit weekly to check their State of health, when the patient requires specialized and continuous attention.
They ensure that, before going to court, they presented a petition to the medical institution to request drugs and specialized medical care, but this was omitted.
After reviewing the case, judge Arturo Alberto González Ferreiro issued a judgment in favor of those affected and asked the IMSS “address without delay the recommendations of trials or laboratory mandating a particular physician, in addition to providing for the” “assessment of specialists that require as necessary”.
In the same way he ordered provide psychological care to the patient’s father and filial to her daughter so that you get the services of social security you are entitled to.
The IMSS must also reimburse medical expenses made by the family to attend the patient and pay compensation for the moral damage caused as a result of medical malpractice.
Also the institution will have to ask for a public apology that recognises that its staff did not act with due diligence.
In its favour the IMSS, in the same document, argues that it acted in accordance with the medical procedures that sets regulations for these cases.
“After cesarean delivery, the patient was with care of Gynecology at stage of postpartum and after that, as medical procedures of the Institute moved him to Hospital General Regional No. 1, in this city, where trained if family for their care and attention and was later given medical discharge”, argue.
Ensure that medical discharge was given “because already he could not put more health” because, explained, medical supply is exhausted in neurological conditions like hers.
According to the IMSS, “care for the patient can make them any person qualified to do so”, and adds that “which IMSS staff treats you or your family in anything would change the situation of women”, who considered stable but with a neurological damage irreversible.
Despite this, the Court considered that “human rights and individual guarantees of the patient with respect to health, social security, equality before the law and socio-economic non-discrimination is violated”, so that the institution will have to serve the order of the judge.