The Rennes administrative court ordered the Brest University Hospital to compensate a young patient, the victim of a serious medical error during an abortion.
In 2009, a 29-year-old woman already the mother of a boy was admitted to the Brest University Hospital for voluntary termination of pregnancy. But during the operation, the doctors make a mistake, which forces the patient to undergo four operations, and a heavy recovery. Physical and psychological damage estimated at 285,175 euros by the administrative court, which sentenced the hospital.
This patient had been admitted for an abortion following the detection of “an embryopathy of genetic origin”. During the operation, “the uterine muscle was perforated, and part of the intestines sucked through the cannula,” said the court ruling.
Multiple compensations
Two repair surgeries will then be necessary just after the accident, followed by one month of hospitalization. Two additional operations will be carried out later.
The compensation awarded by the court includes the loss of salary of the hairdresser, who was unable to resume her work in satisfactory conditions. She was also dismissed in May 2012. The court also considered that “her prospects for professional development are significantly modified” because “her working capacities remain greatly reduced by her state of health”.
The family also compensated
Additional indemnities were also granted to the complainant’s family, in compensation for the impact on family and professional life of this medical error. Thus, the couple will receive 16,000 euros, the son, aged 10, will receive 15,000 euros for his moral damage. The parents of the victim will also receive 5,000 euros each in addition to the reimbursement of costs related to their involvement in the convalescence of their daughter.
The hospital, considered solely responsible for “all the damages which have a direct and certain link with the fault”, will also have to pay 359,272 euros to the CPAM of Finistère, in reimbursement of hospital, pharmaceutical and medical costs. . The bill therefore amounts to 644,447 euros for the hospital.
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