A VALENCIA family has received a Spanish record figure €13.3 million for medical negligence after their son was not properly treated immediately after his birth.
The order was made by a Madrid court over the neurological injuries suffered by the boy, Neizan, who is now aged six years.
The problems happened in November 2019 at Sagunto Hospital in Valencia province.
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Andrea Tellez had given birth for the first time but after Neizan entered the world, a gynaecologist and a midwife did not check that his brain was receiving enough oxygen.
Lawyer, Rafael Martin Bueno, who acted for the family, said: “The result was very serious neurological sequelae due to hypoxia that have caused the child to suffer from cerebral palsy, developmental delay, epilepsy, vision problems, and difficulties feeding normally, among other damages.”
“He has a recognised disability degree of 87%,” he added.
The Madrid court awarded the full claim asked for by the family, but the ruling can still be appealed.
It considered it proven that Neizan suffered the injuries due to the ‘absence of control of the fetal monitoring charts’ and an ‘incorrect interpretation’ of the charts by an obstetrician, which meant that the hypoxia went unnoticed
The €13.3 million compensation figure is split into €6.1 as the basic award with the rest calculated as cumulative interest since Neizan was born.
He is not able to stand, or to control his body or head, or to move independently on his own.
Neizan can’t handle or manipulate objects with his hands.
“This ruling reinforces the importance of ensuring adequate monitoring of fetal well-being during childbirth and acting quickly at any sign of deterioration,” said Rafael Martin Bueno.
The lawyer stressed that the ruling highlights the need to ensure that victims of these types of situations ‘have the necessary resources to cope with the consequences of such a serious disability’.
Andrea Tellez said: “Neizan needs the money to grow as well as possible.”
“With the compensation, I hope to be able to offer Neizan an environment tailored to him with all the care he requires for his development,” he added.
Andrea now has an 18-month daughter as well, called Thalia.
“Considering how little she is, it’s impressive to see the affection she gives him and how she pampers him.”
“In some way, it’s as if she is already aware of all the care he needs,” explained Andrea.
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