STATEMENT: Conviction for medical negligence for failing to diagnose Down Syndrome

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(Information sent by the signatory company)

Madrid, January 31, 2023.

The lawsuit led by the lawyer José Antonio Ramos Mesonero, a specialist in medical negligence, will entail compensation that can reach €450,000 with interest and costs

The Provincial Court of Madrid confirms the sentence of the Court of First Instance 71 of Madrid, which condemns a Health Insurance Entity for medical negligence committed by a gynecologist during the monitoring of a pregnancy, in which he was not able to diagnose the Down syndrome that his son suffered, being able to reach compensation with interest and costs, €450,000. The main negligence refers to not having taken into account the alarm sign implied by the measures appreciated in an ultrasound of NT and NP (translucency nuchal fold and nuchal fold, respectively), and if combined screening had not been performed in the first trimester of pregnancy, which in turn would have required a recommendation for chorionic biopsy, or amniocentesis or non-invasive prenatal testing, which would have diagnosed the syndrome of Down with certainty, having had medical and legal opportunity to perform IVE (voluntary interruption of pregnancy). Within the first trimester, t Both the SEGO (Spanish Society of Gynecology and Obstetrics) and the Fetal Medicine Foundation (FMF) consider the combined biochemical and ultrasound screening of the first trimester as the most effective method of screening for chromosomal abnormalities, which consists of combining the measurement of NT, and biochemical values ​​such as B-HCG and PAPP-A, something that was never done unheard of and negligently. A conversation between the mother and the gynecologist was recorded, in which the latter minimized the significance and importance of these tests. On the other hand, the gynecologist shielded his defense from the fact that there was a notation in his medical record, in which it was said that he reported the possibility of performing amniocentesis. Apart from the fact that the authenticity of said annotation has not been proven, this information would be flawed from the moment the risk of being affected by Down syndrome would have been much higher, had the protocolized tests been carried out. All the legal defense of the mother and child has been directed by the lawyer José Antonio Ramos Mesonero, exclusive specialist in medical negligence, whose website is www.ramosmesonero.com

ContactContact name: José Antonio Ramos MesoneroContact description: José Antonio Ramos MesoneroContact telephone number: 647072395

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