The court guaranteed compensation to a nursing technician who was subjected to physical and verbal assault, including being photographed and beaten with garbage containers, after the death of a patient in a private hospital in Taguatinga (DF).
The Third Appellate Body of the Special Courts of the Federal District upheld the conviction against the deceased patient’s companion – she was his wife. According to the ruling, the compensation is 2,000 Brazilian reals.
On April 23, 2024, at Hospital Med’Senior Taguatinga, when the shift started at 7 p.m., the companion of the deceased patient accused the technician of being responsible for the death that had occurred approximately half an hour earlier.
The escort recorded video clips that insulted and threatened the professional and her family. He also threw two contaminated trash cans and an acrylic wallet, causing bruises on the victim’s arms, hands, legs and head.
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The technician registered a police report and requested compensation of R$20,000 for moral damages, psychological distress and fear of returning to work. The first instance ruling ordered the payment of 2,000 Brazilian reals.
The attacker appealed. She claimed that she was in a critical emotional state due to the death of her husband, and that there was mutual guilt, as the technician retaliated for the aggression.
When analyzing the appeal, the panel stated that the three witnesses interviewed gave coherent and harmonious statements, which confirms that the attacks came exclusively from the accused, without any technical counterpart.
For the rapporteur of the case, “the strong emotional trauma and legitimate pain and suffering of the appellant do not exclude the unlawfulness of the attacks.” To the judge, the actions were carried out unjustly.
According to the class, the amount of compensation responds to the severity of the harm and embarrassment to which the victim was exposed and the educational nature, but it also believes that the defendant was in a state of extreme agitation at the time of the attacks.