Santiago's Court of Appeal ordered a doctor to pay 60 million pesos compensation to Daniela Campos for the death of his daughter, who died 4 days after he was born when he allowed a transfer outside of Santiago.
By unanimous decision, the seventh Chamber of the Court of Appeal, composed of the Ministers Omar Astudillo, María Cecilia González and the lawyer (i) Ángel Cruchaga- He found careless behavior by Pediatrician Maurissio Pinto Chid, who later worked in Clínica Las Condes, allowing Campos and his daughter to La Serena to travel.
According to his resolution, "there are breaches of the contract, all stemming from a false diagnosis of true health (…) So far, despite the special circumstances of childbirth, i. a mother with a history of severe hyperthyroidism, urgently hospitalized, 32 weeks of pregnancy, hypertension, and preeclampsia, the pediatrician has failed to meet the care responsibilities of this particular delivery condition by omitting breathing examinations, bearing the careless behavior that allowed the girl to transfer – a few days after birth – out of the city of Santiago. "
Along with this, "Once the accident is verified, assuming passive attitude and counterproductive, supposing that the mother will return the girl back to Clínica Las Condes, in this cityIn turn, especially in relation to the girl's hospitalization phase, the Respondent Clinic also violates its obligations without demonstrating the adoption of all the measures and precautions required in the case, limiting treatment to practice from routine or routine examinations that do not fit the specific conditions of the girl's birth. "
The Court of Appeal dismissed the claim against the clinic, as the prescription concerns the enterprise.