Removed magistrates and civil servants are linked to the Court of Justice of Amazonas. Archive/TJAM The Amazonas Court upheld the State's conviction to pay R$50,000 for moral damages to a patient who spent more than nine years with a forgotten gauze in his abdomen after surgery carried out in a state hospital. The decision was taken unanimously by the Third Civil Chamber of the Court of Justice of Amazonas (TJAM), on Monday (6). According to the lawsuit, the patient underwent surgery to remove the appendix in June 2010. After the procedure, he continued to feel pain in his abdomen for more than nine years. The gauze was only found and removed in March 2020, during a new surgery carried out in another hospital. The patient went to court and obtained, in the first instance, the State's order to pay compensation for moral damages. The State of Amazonas appealed, claiming that there was no evidence of failure in care or of the relationship between the surgery and the damage suffered by the patient. ? Join the g1 AM channel on WhatsApp When analyzing the appeal, the Third Civil Chamber of the Amazonas Court of Justice upheld the sentence. For the judges, the State did not present evidence capable of removing its responsibility for the case.
Patient who spent more than nine years with gauze on his abdomen will be compensated R$50,000 in AM
Removed magistrates and civil servants are linked to the Court of Justice of Amazonas. Archive/TJAM The Amazonas Court upheld the State's conviction to pay R$50,000 for moral damages to a patient who spent more than...
In the ruling, the panel stated that "the appellee proved the occurrence of the illicit act (surgery with a foreign body forgotten), the damage (performing a new surgery, pain for almost ten years) and the causal link, which cannot be ruled out based on mere conjectures by the State about imaginary surgeries of which there is no evidence." The judges also maintained the compensation amount at R$50,000. According to the decision, the amount is compatible with the severity of the failure during surgery and the long period of suffering faced by the patient.
