Syrian-Lebanese sentenced to apologize for ‘horror scenes’ in child’s death – 05/27/2022 – Rogério Gentile

The São Paulo court condemned Hospital Sírio-Libanês for the death of a one-year-old child, who, according to the decision, died after six hours of intense suffering, in the midst of “scenes of horror”, “without medical assistance proper”.

The hospital, according to the decision of Judge Thania Cardin, will have to pay compensation for moral damages calculated at R$ 1.2 million, in addition to publicly apologizing to the child’s parents.

Pedro Assis Cândido was admitted to Sírio in March 2018 to undergo a bone marrow transplant, after being diagnosed with a disease called CGD (chronic granulomatous disease). It is a disorder of genetic origin that causes a dysfunction in phagocytes. People with this disease have no ability to fight bacteria and fungi.

The boy received a dose of chemotherapy with the aim of destroying the diseased marrow and preparing him to receive the new one. However, in the sequence, according to the lawsuit, he began to show signs of discomfort, which turned into intense pain, with uncontrollable crying and screams of despair.

The parents say they begged for the presence of a doctor, but that they only came when there was a cardiac arrest, hours later. Even so, they say, he was not immediately transferred to the ICU for “lack of vacancies”, receiving two doses of morphine. Subsequently, he suffered another cardiac arrest, passing away the next morning.

“Absolutely bewildered, the parents, in deep depression, received the news of the death of their son, who a few hours before was playing happily”, said the defense of TC and SC “The hospital stopped providing assistance to a child whose survival would depend on a medical evaluation and referral to the ICU.”

In the decision condemning the hospital, Judge Thania Cardin said that the Syrian-Lebanese failed to act when he had a duty to act. “No doctor, the only professional qualified to offer treatment, saw the child personally from 7:30 pm on March 6th until 2:30 am on March 7th,” she said.

In addition to the hospital, hematologists VGR and AAG were sentenced. The first was the doctor hired by the boy’s family and coordinator of the Syrian Bone Marrow Transplantation Unit. The second was the doctor responsible for monitoring the child on the night of the events.

According to the magistrate, what happened was a “true scene of horror, torture and contempt for the dignity and life of human beings”. The hospital, she told her, was negligent. The judge, citing the medical examination carried out, stressed that the package insert of the medication given to the child “warns about the need for the patient to receive strict medical supervision”.

In addition to compensation for moral damage, the defendants will have to reimburse the couple for the amounts spent on medical, psychological and legal expenses.

In the appeal filed and not yet judged by the Court, the hospital argued that the child received full-time follow-up, even though there was no doctor by his side during the application of the medication. “But this fact does not imply failure or negligence,” he told the court. “There was no need for a full-time physician to be present.”

The Sírio, who questions the medical expertise carried out, told the Justice that the drug’s package insert indicates the need for medical supervision, which is “perfectly supplied by the interdisciplinary team, capable of monitoring the infusion, reporting and calling a doctor in the event of any intercurrence. “.

He also said that the patient received all the necessary care. “It cannot be said, in any way, that there was a delay that could cause damage to patient care, as all acts and conduct were carried out with the utmost celerity”, he declared.

The hospital said the boy’s death was caused by bleeding from a perforated bowel, “which is a typical complication of chronic granulomatous disease.”

Sought by the column, the Sírio-Libanês said, through an official note, to be a “center of medical excellence, recognized nationally and abroad”.

He said that the institution has always worked by adopting the most rigorous technical-scientific protocols and that it has received certifications that confirm its centenary performance.

“The referred case is still being processed in court and, therefore, the institution cannot comment on its progress.”

Doctors VGR and AAG also appealed the decision. They say that the death had nothing to do with the care provided at the hospital.

According to them, the patient “had a serious disease, with a high risk of mortality and had been going through several episodes of complications, despite sporadically showing signs of stability”.

Doctors say parents “have been thoroughly warned about the risks involved in treating the patient, including the possibility of death.”

“Despite all the efforts of the medical team and the hospital, the risks could not be overcome, culminating in the death of the patient for reasons beyond the interference of the defendants”, said the doctors’ defense to Justice.

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