A man went to Hospital Santa Ana on the 8th of March 2015, complaining of an excruciating pain in his elbow – he had torn the distal tendon in his biceps.
It was deemed necessary to operate on his arm but instead of solving the problem, they severed an important nerve in his arm, leaving him unable to use his arm in any effective way.
Five years later the regional health service (SAS) has been ordered by the Regional Supreme Court to pay out 73,740 euros in compensation to Sr. C.P.
This high court decision annulled a lower court’s sentence that threw out the claimants case for compensation.
“There exists a causation (cause and effect) between the injury suffered and the abnormal functioning of the health administration, which produced this serious lesion on the 10th of March 2015,” read the judge’s conclusions.
“The severing of the radial nerve (posterior interosseous) is a direct and exclusive consequence brought about by the incorrect adhesion of the biceps tendon,” continued the finding adding that the patient was not adequately informed of the risk involved in the procedure.
The injury provoked by the operation was not discovered straight away and the patient was sent to carry out rehabilitation therapy. The elapse in time between the nerve being severed and its discovery was prejudicial to any adequate recovery.
(News: Motril, Costa Tropical, Granada, Andalucia)