Justice blocks almost R$ 100,000 from a doctor who denied care to a patient who died hours later

The Public Ministry of Santa Catarina (MPSC) obtained a block of R$ 98,000 from a doctor who worked at the Basic Health Unit in the Municipality of Barra Bonita, in Santa Catarina.

The doctor is sued for an alleged act of administrative misconduct when denying care to an elderly person who died hours after seeking help.

The lawsuit filed by the 4th District Attorney of the District of São Miguel do Oeste brings the report of the events that happened in the late afternoon of October 14, 2019, when an elderly person went in search of care for having high blood pressure, with signs of weakness, tremors and numbness in the right arm.

However, even though she was aware of the health status and history of the patient, who underwent the triage of nurses, the physician – still in working hours – would have informed that she would not carry out any more consultations as she had already met all the demand for the day .

The elderly person went home without care, intending to look for a hospital the next day, but died during the night. The death certificate indicated death without assistance due to diabetes and hypertension.

For the Public Prosecutor Marcela de Jesus Boldori Fernandes, the doctor, in the exercise of public function in the Municipality of Barra Bonita, would have failed to comply with her ethical commitments by not providing care to the patient and, thus, an attack against art. 11 of the Administrative Impropriety Law, as he would have frontally violated the duties inherent to his public office, especially the principles of legality, loyalty to institutions, impersonality and efficiency.

The blocking of assets was requested by the Prosecutor of Justice and granted by the Judiciary in order to guarantee the payment of a possible civil fine to be applied in case of conviction for the alleged act of administrative improbity pointed out by the Public Ministry.

It is noteworthy that the same facts were found in the disciplinary administrative scope and she is also liable to the criminal action. The preliminary decision is subject to appeal.

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