They condemn CatSalut for diagnosing cancer to a patient who did not suffer from it


The Catalan Health Service (CatSalut) and the insurer Zürich have been sentenced to pay 253,660 euros to a patient at the Moisès Broggi Hospital in Sant Joan Despí (Barcelona) who was diagnosed with mistaken for pancreatic cancer he really didn’t suffer.

As explained on Tuesday by the Patient Ombudsman in a statement, the whistleblower51 years old when the events occurred, went to the Moisès Broggi for abdominal pain that got worse over timeuntil in 2011 they did an abdominal CT scan that erroneously diagnosed a “neoplasm of the head of the pancreas”.

East mistake of diagnosisexplained the entity, “it led to a radical surgical treatment inadequate with the unnecessary removal of organs from the patient’s digestive system, which led to a serious picture of sequelae consisting of diabetes and vital dependence on insulin”.

No other confirmatory tests

After a first ruling by the Contentious-Administrative Court No. 4 of Barcelona, ​​which agreed with the patient, the Fourth Section of the Contentious-Administrative Chamber of the Superior Court of Justice of Catalonia (TSJC) has confirmed the sentence handed down.

Besides of CT radiological report errorthere was also a lack of resources available to the patientbecause other tests were not carried out, such as an ultrasound endoscopy and previous biopsy, which were indicated and which would have allowed a differential diagnosis of safety, which in turn would have led to the indication of the treatment according to his pathology, instead of the extensive and severe surgical resection to which he was subjected, has pointed out the entity.

No diagnosis

In this sense, the judgment of the TSJC reproaches (as does the first instance) “the no diagnosis certainty or safety differential through other tests indicated prior to surgical resection (notably, the previous biopsy)”.

The sentence condemns the Servei Català de la Salut and the insurer Zúrich aicompensate the patient in the amount of 188,660 euros plus the legal interests from the filing of the prior patrimonial claim, which amount to more than 65,000 euros, which makes a total of 253,660 euros.

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The president of the Patient Ombudsman, Carmen Flores, has emphasized the need to strengthen the country’s public healthso that health personnel have, from the beginning of any health care, all the necessary means to make timely diagnoses and correct diagnoses.

“A health system in which health personnel carry out each and every one of the tests necessary for the best assistance entails fewer errors, as is the case with this Judgment. Errors of this type can and should be avoided,” he stressed.


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