A Woman’s Lawsuit for Consequences of Abortion Operation Dismissed Due to Appeals Out of Time

A woman loses a lawsuit, definitively, with the sergas because he filed the appeals out of time. The reason, the alleged late assignment of a lawyer on duty duty. The patient claimed 49,989 euros for the consequences of an operation after suffering an abortion.

It is December 22, 2004. A woman entered the Virgin of Xunqueira de Cee hospital due to a vaginal bleeding. In the emergency room, she was diagnosed with an abortion. He was in the sixth week of gestation. The woman was discharged and they gave her a new appointment for three days later, when she was informed of a ectopic pregnancythat is to say, out of the womb, with the consequent risk to the life of the mother, so the doctors decide to intervene urgently. But what was to be a simple operation by laparoscopy became a laparotomy with a tear of the iliac vein, gallbladder and gallbladderentering the patient in a period of disability, which continues to this day, according to a sentence of the Superior Court of Justice of Galicia.

The woman filed a criminal complaint for a crime of reckless injury in November 2005. This case ended almost ten years later with the acquittal of the investigated doctors because the evidence carried out did not reveal a criminal act. This decision was appealed before the Provincial Courthim, with the same result.

The woman then requested the Appointment of a public defender to take civil actions against Sergas. But the designation of Law School It materialized, according to the Supreme Court ruling, on April 26, 2017. But his claim for 49,989 euros was rejected by extemporaneity.Also the subsequent appeal. The judges agree with Sergas, understanding that the lawsuit was filed outside the one-year period established by law. The TSXG did not take the plaintiff’s arguments into account. Among them, the woman indicated that at no time did she abandon the possibility of exercising her rights, that she stated in good faith her intention to claim within the term and blamed this gap on the erroneous designation of the Bar Association.