Health compensated with 60,000 patient family for delay diagnosis

The High Court of Justice of the Valencia (TSJCV) has condemned the Ministry of Health to compensate with $ 60,000 to the family of a patient who died at the age of 39 and that could have prolonged his life in the absence of a delay in the diagnosis of the disease.

In the ruling, issued by the Second Section of the Chamber of Contentious-Administrative TSJCV and facilitated by the association EFE The Patient Advocate, the court finds partially action brought by the widow's rejection by silence of the claim of liability against the Ministry of Health.

The Board understands that there was a delay in cancer diagnosis of the patient that prevented him from extending his life during an unspecified period of time.

The patient first went to the emergency room of St. John Hospital in February 2000 with intestinal pains and for two years he was subjected to various medical tests to be discarded without the existence of a possible tumor.

In early 2002, according to the applicant, were detected early symptoms of carcinoid syndrome, but the medical inspection delayed diagnosis to the end of the year and it was not until March of the following year when finally detected liver metastases of carcinoma.

In its judgement, the Board notes that treatment time 'would not have prevented the patient', but 'had delayed the advance of the consequences of the tumor.

In addition, he stressed that "only 3 percent of these carcinoid tumors manifest called carcinoid syndrome ', which means that even having carried out the tests in January 2002 and these have been positive,' had not changed developments patient because this tumor is not sensitive to radiotherapy or chemotherapy.

Therefore, fixed compensation of $ 60,000 rather than 450,000 euros, as requested by the widow of the patient for damages caused by what he considers a poor health care, which determined the death of her husband of 39 years.