A hospital in the interior of São Paulo will have to pay compensation of R$80,000 to two family members of a man whose death was declared “accidentally” by the institution. The case took place in Ribeirão Preto, and the process, which had been ongoing in court since 2023, was closed, with the judges of the Court of Justice of São Paulo (TJSP) rejecting the health institution’s appeals.
Understand the issue
- It all started when the man, named Jose Roberto, was mistakenly declared dead and sought care at the Santa Lidia Hospital, in Ribeirão Preto, and He was released after receiving treatment.
- But on the same day that Jose Roberto went to the site, Another person with a similar name died in hospital.
- Jose Roberto family They were not allowed to identify the body They began the awakening without realizing that the person in the coffin was actually someone else.
- But during the wake, Jose Roberto called the family. That’s when they opened the coffin and saw that it was not him who was there.
- Because of this situation, Jose Roberto’s son filed a lawsuit against the hospital.
At the beginning of the lawsuit, the hospital admitted the error in communication, but claimed that there was no “medical error” in the care or negligence in providing hospital services, and took a position against compensation for moral damages.
During this process, the family’s relationship with José Roberto was also called into question to meet the need for compensation.
Judgment
In the court of first instance, Judge Cassio Ortega de Andrade, of the Third Civil Court of Ribeirão Preto, accepted the family’s argument and set compensation of R$80,000 for José Roberto’s son and sister. The hospital appealed and requested a reduction in the amount.
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In the second case, the rapporteur of the appeal, Judge Edson Ferreira, highlighted that the error caused moral harm to the family and that the allegation that the family members did not have a good relationship “borders on procedural bad faith.”
The vote was followed by its peers and the Twelfth Chamber of Common Law upheld the decision of the Court of First Instance and decided, on October 20 of this year, that the Santa Lidia Hospital was obliged to compensate the family.
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