Doctor is acquitted of reckless homicide after forgetting a guard in which a patient died




It was August 4, 2018 when a man with Parkinson’s died in the corridors of the A Estrada PAC. There was no doctor in the center, when in fact there should be two: a doctor had gone out to attend his second emergency of the afternoon, while her partner, who should be covering the other emergency guard post, was not there. The case reached the courts, and this Tuesday they have resolved that the absent doctor, who had forgotten about his work in A Estrada and was in PAC de Vilagarcía, has been acquitted of a reckless homicide in commission of omission.

That afternoon, around 5:00 p.m., the wife of the deceased noticed that the man he was beginning to feel ill and had a fever, so they ran to the PAC.

Earlier, in the center, the partner of the accused had already notified the absence of the other doctor, but it was impossible for anyone to arrive in time to fill the empty position. About the same time that the victim became ill and went to the health center, the doctor was heading to Paradela to attend an emergency that would also take time.

Thus the PAC of A Estrada was left without a doctor in the emergency department: people waiting to be treated. Meanwhile, and after several calls, the directive contacted the absent doctor, and he informed them that he was in Vilagarcía. In fact, at the time of the call he was in an ambulance making a transfer and could not attend his shiftNor did he remember accepting the guard at A Estrada.

At that time, the man lost his life. He began to feel worse and to vomit, I feel this symptom the cause of his death by suffocation. They laid the man on the ground, and his wife, overwhelmed by the lack of doctors, decided to call an ambulance in vain. «He drowned», he cried on the phone for his daughter, according to the sentence.

When the doctor who had come to attend to the emergency finally arrived, there was little that could be done. It was almost 7:30 p.m. when he entered the PAC, finding the man lying on the ground, surrounded by vomiting. For 15 long minutes they performed resuscitation maneuvers, but they were not enough, the man had lost his life.

The fateful event concluded with the Prosecutor’s Office asking for two years in prison and five years of disqualification from the doctor who was in Vilagarcía, who had forgotten his guard, for reckless homicide. For its part, the private prosecution requested four years in prison. More than three years later, the doctor is acquitted of the case: the judge, although he emphasizes that if there had been a doctor in the PAC, the man would not have died, the fault was not his. His partner had already notified the doctor’s absence four hours before the death, so Sergas «already had knowledge of the situationSo, knowing that the accused could not cover the guard, he had to adopt the necessary measures to solve the situation.

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