Post by messi05 on Jan 24, 2024 2:18:57 GMT -5
A woman and her daughters will be compensated because an error in applying anesthesia to remove an appendix left the patient in a vegetative state. The unanimous decision was made by the 3rd Panel of the Superior Court of Justice, which maintained the second instance conviction applied to the hospital where the procedure took place, the health plan that paid for the operation and the two anesthetists who worked on the case. reproduction Defendants must compensate the patient who remained in a vegetative state and his daughters. reproduction The defendants were jointly ordered to pay a lifetime pension and compensation for moral damages.
In the action, the patient's daughters stated that she Buy Phone Number List was treated negligently after being admitted for treatment of acute appendicitis. According to the family, due to complications generated by anesthesia, she suffered respiratory depression followed by cardiorespiratory arrest — events that left her in a vegetative state. In the first instance, the judge ordered the defendants to pay, as compensation for moral damages, R$80,000 to the patient and R$30,000 for each daughter, in addition to a lifetime pension worth 20 minimum wages.
But the values were changed by the Federal District Court of Justice, which defined the total lifetime pension at 11.64 minimum wages, the compensation for each daughter at R$20,000 and the patient's pension at R$60,000. One of the anesthesiologists and the hospital appealed to the STJ alleging that the amount set by the TJ-DF for moral damages was abusive. They also said that there were no flaws in the procedures adopted. However, the case's rapporteur, Minister Moura Ribeiro, highlighted that the conviction imposed by the second instance took into account the patient's vegetative state and the need for medical treatment for the rest of her life. “The law does not set values or criteria for quantifying moral damage, which, however, must find rest in the rule of article 944 of the Civil Code.
In the action, the patient's daughters stated that she Buy Phone Number List was treated negligently after being admitted for treatment of acute appendicitis. According to the family, due to complications generated by anesthesia, she suffered respiratory depression followed by cardiorespiratory arrest — events that left her in a vegetative state. In the first instance, the judge ordered the defendants to pay, as compensation for moral damages, R$80,000 to the patient and R$30,000 for each daughter, in addition to a lifetime pension worth 20 minimum wages.
But the values were changed by the Federal District Court of Justice, which defined the total lifetime pension at 11.64 minimum wages, the compensation for each daughter at R$20,000 and the patient's pension at R$60,000. One of the anesthesiologists and the hospital appealed to the STJ alleging that the amount set by the TJ-DF for moral damages was abusive. They also said that there were no flaws in the procedures adopted. However, the case's rapporteur, Minister Moura Ribeiro, highlighted that the conviction imposed by the second instance took into account the patient's vegetative state and the need for medical treatment for the rest of her life. “The law does not set values or criteria for quantifying moral damage, which, however, must find rest in the rule of article 944 of the Civil Code.