Parents who lost a baby after an induced birth without consent will be compensated R$300,000

In a decision on the 14th, the 6th Civil Chamber of the TJ-SC (Court of Justice of Santa Catarina) unanimously upheld the hospital's conviction in the first instance. There is an appeal.

The magistrates recognized the occurrence of obstetric violence in the episode. For the rapporteur, judge Quitéria Tamanini Vieira, the concept is not restricted to physical or verbal aggression and includes interventions carried out without adequate information or consent, in addition to disrespect for the pregnant woman's autonomy and the information she provides.

According to the lawsuit, the woman had already had a child via cesarean section and, when she was admitted to the hospital for the birth in 2009, she reported that her obstetrician had advised her not to attempt a natural birth. Even so, the team induced labor with oxytocin, a hormone that stimulates contractions, without recording the patient's consent.

The medical expert concluded that the use of the drug increased the risk of uterine rupture, which is already higher in women who had previously undergone a cesarean section, and pointed out recklessness in the management of the case.

In the first instance, the 4th Civil Court of Blumenau ordered the hospital and the obstetrician to pay, together, R$300,000 to the parents, R$200,000 to the mother and R$100,000 to the father. Both convicts appealed the decision.

In the second instance, the TJ-SC understood that the doctor could not be directly prosecuted for having acted as a public agent providing care for the SUS (Unified Health System) and removed him from the action, but maintained the conviction of the foundation that maintains the hospital.

In the decision, the rapporteur states that the warning given by the pregnant woman required greater caution from the team, adequate clinical investigation and clear explanations about the risks involved. The lack of consent, given the increased risk for mother and child, was considered a violation of the patient's autonomy.

The judge also stated that, in these circumstances, the rupture of the uterus could not be considered an unpredictable or inevitable accident, as the risk factors were known and were aggravated by medical conduct during the birth.

According to experts, the mother suffered physical and psychological consequences after her son's death and the risk of death she faced during childbirth. The report pointed out signs of post-traumatic stress and pathological grief, as well as impacts on health, social life and the possibility of a new pregnancy.

As the judge recorded in the decision, in a hearing held more than 14 years later, the mother was still visibly shaken.

The father also presented emotional distress as a result of the loss and the consequences of the episode for the family, still in accordance with the decision.

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