JUSTICE. The Langres hospital center was ordered by the administrative court of Châlons-en-Champagne to pay substantial compensation, following a birth marred by a serious incident, in August 2012, for “lack of organization”. Explanations.
The affair had completely passed under the radar, before being revealed by our colleagues at The Freedman of ChaumontFriday, August 23. In a decision dated July 24, the administrative court (TA) of Châlons-en-Champagne ordered the Langres hospital center to pay substantial compensation to a family who suffered a serious incident during childbirth, as well as to the Primary Health Insurance Fund (CPAM), which had had to incur costs to cover the care.
The case dates back a dozen years, when the Langrois hospital still had a maternity ward. On August 2, 2012, a delivery unfortunately presented complications. Because of these, which caused a significant slowing of the unborn girl’s heart rate (bradycardia), the baby suffered significant neurological damage, which resulted in a permanent disability.
A “lack of organization” highlighted
Referred to for investigation, the Champagne-Ardenne Consultation and Compensation Commission (CCI) considered that the situation was due to “a lack of organisation” within the medical team: “Such bradycardia in the context of childbirth constitutes a major anomaly requiring the intervention of an extended medical team, including in particular an obstetrician and an anaesthetist. Therefore, by not immediately mobilising all the appropriate medical staff, the osteopath having intervened alone, the Langres hospital centre committed a breach consisting of a lack of organisation and operation of the service. Such a breach, which is not contested by the establishment, constitutes a fault of such a nature as to engage the liability of the Langres hospital centre”.
Subsequently, the sum of 12,000 euros was paid to the family, for “moral prejudice”. However, new proceedings were brought in 2022, in order to take into account the disorders that affected the family’s life, the disability of at least 80% of their daughter having been certified by an expert report dated March 23, 2022. It is thus held that there was prejudice arising from the need for the mother to reduce her professional activity to take care of her daughter, as well as prejudice in affection and support.
It is on these new bases that the TA of Châlons-en-Champagne ordered the Langrois hospital center to pay compensation of 31,067.32 euros to the family, for these various reasons. The hospital must also pay the sum of 1,732.09 euros to the CPAM of Haute-Marne, which had joined the procedure, due to the coverage of the care provided in this case.
N. C.
n.corte@jhm.fr
