The 26th Civil Court of Santiago sentenced the Central Metropolitan Health Service, the San Borja Hospital, the doctor Matías Ignacio Solari Díaz and the midwife Elizabeth Salazar to pay compensation of $1,042,691,340 due to the obstetric violence inflicted on Josephine R. during her birth in April 2017.
He April 16, 2017, Josephine R., 41 weeks pregnant, was admitted to San Borja Hospital due to strong contractions. She was cared for by him gynecologist and obstetrician Matías Ignacio Solari Díazwho decided to induce labor despite the patient’s warnings about possible complications related to her medical history.
As the hours progressed, Josephine experienced intense pain and recorded decreases in fetal heart rate. Despite her repeated pleas for help, the medical staff opted to artificially rupture the membranes to induce labour, which led to the release of amniotic fluid. As a result, Josephine requested a caesarean section as she realised that her daughter was suffering and that labour was not progressing.
The court determined that Dr. Solari did not properly care for the patient for six hours, claiming to be busy with another cesarean section and sometimes even leaving to go to the bathroom. Finally, at 2 a.m., Josephine underwent a forceps procedure after a process that described it as “torture.”
At 2:28 in the morning, Josephine’s daughter was born, but suffered serious injuries due to asphyxiation caused by the procedure. The girl was hospitalized for three months and was diagnosed with 13 pathologiesmost of nature neurological and psychomotor. At seven years old, the youngest suffers severe brain damage that left her prostrate, blind, deaf and without cognitive or motor skillsamong other sequels.
The court concluded that the medical staff, as a whole, acted with negligence and disregard for established protocols. Both Dr. Solari and midwife Salazar were found guilty of failing to provide adequate care. The court noted that Solari adopted a passive attitude and delegated responsibilities to auxiliary staff, while Salazar did not insist on seeking the intervention of another doctor and treated the patient in a degrading manner.
According to the media, Thirdthe sentence dictates that “he presented vast non-compliance with the protocols applicable to the case, given that the medical team, as a whole, incurred numerous and repeated errors, omissions and delays in the evaluation of the patient’s clinical parameters.”
The ruling orders the Central Metropolitan Health Service, to the San Borja Hospital, to the doctor Solari and the midwife Salazar to pay compensation of $1,042,691,340 in total. This figure includes $500 million for moral damages to the minor, $250 million to the mother, $250 million to the father and $42,691,340 in future expenses necessary for the care of the girl.
He family lawyer, Hector Musso, expressed satisfaction not only for the amount of compensation, which will help cover the minor’s lifelong treatments, but also for the explicit recognition of the obstetric violence suffered. Musso emphasized the importance of eradicating this type of violence that transforms a significant moment in a mother’s life into a humiliating and painful experience.
