Monday, March 1, 2021

Pedro lived a vegetative life for 22 years. Now, the State has been ordered to pay 16,500 euros for medical negligence – ZAP

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Pedro Vilela was born in a hospital in Braga with sequelae that led him to live a vegetative life for 22 years, until he died. This Tuesday, the European Court of Human Rights ordered Portugal to pay damages to parents in the order of 16,500 euros.

The European Court of Human Rights (ECHR) on Tuesday ordered the Portuguese State to pay 16,500 euros to a couple who alleges that there was medical negligence in childbirth which caused him a profound disability.

In the decision, the ECHR, despite denying several claims of Benedito Alves Vilela and Maria dos Anjos Pereira Afonso, parents of Pedro Miguel Vilela who died in 2017 at the age of 23, considers that the State should pay parents 16,500 euros in compensation, within three months, among other reasons for delays in justice.

Articles 2 and 8 of the Convention imply an obligation to establish an effective and independent judicial system that allows establishing the cause of death or attacks on the physical integrity of a person under the responsibility of professionals, whether in the public sector or in private structures and, if so, hold them accountable for their actions.

In this case, the Court considers that, in view of the alleged allegation that medical negligence was at the origin of Pedro Miguel’s disability, “the administrative procedure was flawed insofar as did not respond quickly enough to fulfill the requirements arising from the procedural obligation imposed on States under Article 8 of the Convention ”.

The court concluded that there was a violation of the procedural aspect of Article 8 of the Convention “by lack of prompt response from domestic courts, who took a long time to pronounce on the complaints of medical negligence, ordering the payment of compensation for the damage suffered in this respect.

However, the ECtHR maintains that it is “manifestly unfounded”The complaint regarding non-compliance with Article 14 of the Convention on Human Rights, declaring it“ inadmissible ”, but that Article 8 of the Convention was violated in relation to Pedro Miguel.

The judicial process started with a complaint from Pedro Miguel’s parents alleging that medical malpractice in childbirth by the Hospital de São Marcos, in Braga, which caused him “100% disability”.

After several complaints filed by the parents and the hospital and after contradictory decisions by several administrative courts, the couple did not comply and filed a lawsuit in the ECHR, asking for two million euros in damages.

The ECHR decided this Tuesday that the State should compensate them in 16,500 euros.

To the Public, the father, Benedito Vilela, is indignant with “the alms”. “Do they kill my son and give me this? Pedrinho could have been a great man ”, he laments, guaranteeing that he will not lower his arms:“ I will speak to the lawyer, to see what can be done ”.

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Pedro lived a vegetative life for 22 years.  Now, the State has been ordered to pay 16,500 euros for medical negligence - ZAP