Regional Ministry of Health in Castilla-La Mancha compensates FACUA member 6,500 Euros for burns suffered during labour

FACUA Castilla-La Mancha act in support of the woman affected who suffered second degree burns on her thigh for incorrect usage of infrared light.

Regional Ministry of Health in Castilla-La Mancha compensates FACUA member 6,500 Euros for burns suffered during labour

After FACUA Castilla-La Mancha's intervention, the Castilla-La Mancha Health Service (Sescam) has compensated 6,500 Euros to a patient as compensation after she suffered burns during labour as a result of the incorrect usage of an infrared light.

P.C.V., a resident in the Manchegan locality of Quintanar del Rey (Cuenca), was admitted to the Virgen de la Salud Hospital in Cuenca in September 2016 for assistance during labour. During this visit, as a consequence of the midwife's incorrect use of an infrared lamp, the patient suffered second degree burns that spanned 15.5 centimeters on her left thigh. Due to the fact she had been placed under an epidural anesthetic, she did not feel the pain this damage caused at any moment and as such could not alert the healthcare staff that there was an issue.

The patient, who then required several days of treatment for the burns -which meant she was unable to tend to her newborn son- and who has since been left with scars from the incident, decided to submit a complaint about the Hospital Patient Care Service for "negligent performance by a healthcare professional".

The Integrated Care Management Team at Sescam Cuenca responded to the patient, recognising that the damage had been caused by the healthcare professional's "unlawful practice". However, to her surprise, the Management Team limited their communication to they "truly regret the negative consequences caused by a procedure carried out at the hospital" but chose not to begin any kind of enquiry to determine who is at fault.

As such, the patient decided to contact FACUA's Castilla-La Mancha branch, asking them to act in defence of her rights. FACUA's legal team assisted her during the claim procedure for financial liability, presented to Sescam, against the Administration, wherein she asked for 6,500 Euros as compensation for damages and loss.

Sescam's claim resolution document has finally confirmed that "it is apt to conclude that the apparatus [the infrared lamp] was not used in an adequate manner; a correct utilisation would not have caused the wounds suffered [...] This is a damage caused by clear unlawful practice that the interested party has no legal duty to bear".

As such, the situation has been resolved "to respect the Administration's financial liability, ruling in favour of the patient, issuing a financial compensation of 6,500 Euros for the damages suffered", which the patient has since received.