Judge Gustavo Santos Mottola, owner of the Second Civil Court of Aranga County, has ruled that the state of Santa Catarina and IMAS (Institut Maria Schmidt) which runs the Regional Hospital of Arangua (HRA) to compensate a woman who underwent a caesarean section and suffered. Burns with an electric scalpel.
In addition to moral and aesthetic damages, it will be compensated in an amount indicating the cost of plastic surgery to mitigate aesthetic damage. According to the file, the case took place on December 14, 2018, and the victim, who was 29 years old at the time, had been living in Balneario Givota and had been unable to work for nearly two months.
As it was determined at that time, the patient underwent a (successful) cesarean section and after the operation, during cauterization, the burn occurred due to the alcohol used for cesarean delivery and the use of cautery equipment (electric scalpels), which caused burns to the leg .. and to the buttocks.
IMAS claimed that the procedure performed by the doctor on duty was done without hospital authorization. The state said the hospital it owned was run by the organization and that it had no role in the event.
The decision highlights that “there is no doubt about misconduct in the handling of the electric scalpel”, as it is an indisputable fact that the device was in contact with another area of the plaintiff’s body besides the area in which it will be used, and that the accused are responsible for the consequences of this malpractice.
However, according to an agreement signed between the state and the International Mine Action Standards (IMAS), the organization must reimburse the first the amount of the conviction, since the incident occurred during the period of its administration and by a doctor who worked in the institution.
The plaintiff will be compensated R$15,000 for moral damages, R$10,000 for aesthetic damage, R$1,908 for loss of profits and R$11,000 for the cost of plastic surgery, plus interest and monetary correction. The decision can be appealed to the TJSC.
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