Justice is again looking into a fatal “delay in diagnosis” at the Sables-d’Olonne hospital

Justice is again looking into a fatal “delay in diagnosis” at the Sables-d’Olonne hospital
Justice is again looking into a fatal “delay in diagnosis” at the Sables-d’Olonne hospital

By Frank Hermel
Published on 3 Sep 22 at 17:47

The Journal of the Sands

See my news
Follow this media

The Sables-d’Olonne hospital. ©Journal des Sables

The family of a septuagenarian who died in 2014 following a “delay in diagnosis” from the Sables-d’Olonne hospital center of the pathology from which he suffered, asked the administrative court of appeal to Nantesthis Thursday 1er September 2022, to set aside the judgment rendered at first instance.

The Nantes administrative court had in fact condemned the hospital to pay “only” €40,000 to the patient’s widow, his son and his three grandchildren. To this sum were added €1,500 in legal costs.

As a reminder, the 77-year-old patient had been admitted to the hospital emergency room due to “malaise associated with brutal chest and epigastric pain”: he was then taken to the cardiology department, three hours later. . But it was not until noon the next day that the diagnosis of a “Stanford A type aortic dissection” was made.

Transferred to the University Hospital of Nantes to be operated on, the septuagenarian will die two weeks later following an “unfavorable postoperative evolution”: he had in particular presented “multiple visceral failures” and “a lack of awakening” after the operation, a sign of a lack of brain oxygenation. A cessation of treatment was therefore decided.

“Almost twenty hours late”

The two experts appointed in this file had evaluated at 80% the share of responsibility for the “delay in diagnosis” in the death. But the hospital had not responded to the claim for compensation from his widow and their son. They had therefore taken legal action: they assessed the total of their damages at just over €180,000.

The experts also noted that the septuagenarian had been placed under surveillance in a conventional room while “the diagnostic uncertainty implied continuing explorations and surveillance in a cardiology intensive care unit”.

Finally, they had estimated the delay in diagnosis at nearly twenty hours. Therefore, it is indeed “constituting a fault likely to engage the responsibility of the Côte de Lumière hospital center”, had judged the administrative court of Nantes.

Videos: currently on Actu

This Thursday 1er September 2022, the Sables-d’Olonne hospital also challenged the judgment : the sums left to his charge must on certain points be “reduced to fairer proportions”, according to his lawyer. The gardening costs that the widow has to bear since the death of her husband are thus not established by invoices from service providers.

“Monsieur was 76 years old and his initial state of health was already degraded… It is not certain that he would have maintained his garden himself,” he added during the debates. The National Office for Compensation for Medical Accidents (Oniam) and the Primary Health Insurance Fund (CPAM) were neither present nor represented by a lawyer at the hearing.

The Nantes Administrative Court of Appeal, which has reserved its decision, will deliver its judgment in about a month.

Was this article helpful to you? Note that you can follow Le Journal des Sables in the My News section. In one click, after registration, you will find all the news of your favorite cities and brands.

The article is in French

Tags: Justice fatal delay diagnosis SablesdOlonne hospital

PREV If GICs catch your eye
NEXT In Saint-Renan, the readers’ prize awarded to Alain Mascaro – Saint-Renan