BASIN
The innocence of the doctor from Cuenca Juan Pablo A. was confirmed in the first instance. He was prosecuted for the alleged crime of professional malpractice, but the Court of Criminal Guarantees found no legal arguments to charge him.
It all started on November 19, 2019 after a minor underwent an initial operation to remove the tonsils and adenoids.
The final part of the trial hearing was reinstated at 3:30 p.m. on Tuesday the 15th in room 108 of the Azuay Judicial Complex and for just over two hours the rapporteur judge Pedro Ordóñez, accompanied by his colleagues Carlos Tamariz and Patricia Novillo , based his decision after hearing the different arguments during the initial part of the hearing that took place between November 2021 and February 2022.
He read each of the analyses, agreeing with the doctor’s defense and distorting those of the Granda family’s lawyer and the Prosecutor’s Office.
This decision left the relatives of the Granda family unsatisfied, who left disappointed and indignant, so as soon as they heard the decision, they left the room loudly warning that they would appeal.
The prosecutor Fernando Sánchez joined this request. From his point of view, there was negligence on the part of Juan Pablo A.
For his part, Eduardo León, lawyer for the prosecuted otorhinolaryngologist, predicts that once the prosecutor and the lawyer for the parents of the dead minor read the sentence that will come to them in writing, they will realize “that they do not have elements to go to an appeal ” because the motivation of the judges was well supported.
With the confirmation of innocence, the doctor Juan Pablo A. will be able to resume his professional activity.
Case Background
On November 18, 2019, the girl Sofía Granda Mejía underwent surgery to remove her tonsils and adenoids. The next day, after spending several hours in the Intensive Care Unit (ICU) and receiving a blood transfusion, she died at 11:00 p.m. due to severe cerebral edema.
Twenty-four hours after the death, the parents filed a complaint with the Provincial Prosecutor’s Office against Juan Pablo A., considering that there was medical malpractice. Charges were filed for aggravated malpractice against the doctor, considering subsection 3 of article 146 of the Comprehensive Criminal Organic Code, which refers to the existence of a wrongful death due to aggravated medical malpractice.
On January 19, 2021, Juan Pablo A. was called to trial for the alleged crime of manslaughter due to simple professional malpractice, included in article 146, subsection 1 of the Organic Comprehensive Criminal Code (COIP).
During the different stages of the trial, the defendant’s defense arguments were, among others, that the minor had a history of respiratory complications and an anatomical variant that she suffered from birth, which could not be noticed during surgery. An artery is cut because it was not in a proper position, which in medical terms is called an “aberrant carotid artery.”
On more than one occasion of the process, his legal defense exposed to the Court that there were irregularities in the autopsy protocols, in addition that the malformation of an artery led to a cut in an area that was unexpected, which from his perspective does not imply negligence or bad practice. (I)
Source: Eluniverso
Paul is a talented author and journalist with a passion for entertainment and general news. He currently works as a writer at the 247 News Agency, where he has established herself as a respected voice in the industry.
