The judicial decision annuls the mitigating factors of damage repair and undue delays. The former was dismissed because the €270,000 payment to the victim's family, made through the insurer, was not directly by the physician. The latter, because no significant delays were found in the judicial process.
The original sentence details that the patient, a 56-year-old woman with multiple coronary risk factors including obesity, high cholesterol, hypertension, and diabetes, had previously been treated for chest pains at the same hospital since 2004.
The events occurred on February 4, 2018, when the woman experienced mild chest pain that intensified two days later. She was admitted to the emergency room at La Gomera hospital in the early hours of February 7, 2018, presenting with fever, hypertension, and tachycardia.
After admission, the patient was discharged just 12 minutes later, spending less than three minutes in nursing care. The protocol concluded her condition was not serious, and she was sent to a hallway to await a doctor's evaluation.
According to the ruling, the waiting time and the subsequent nine-minute consultation with the accused doctor were insufficient for an adequate assessment of her condition. During this consultation, no complementary tests such as blood work, electrocardiogram, or X-rays were performed, nor were her medical history considered.
The initial diagnosis was muscle and bone pain. She was given a painkiller, prescribed paracetamol, and advised to return home, with instructions to seek emergency care if her condition worsened. The patient returned home still in pain.
“"The absence of the minimum care and most basic attention in the profession by the accused on-call doctor prevented the patient from being examined and evaluated by a cardiology specialist."
Hours later, the woman was taken back to the hospital by ambulance, exhibiting general malaise, fever, tachycardia, pallor, and signs of pulmonary congestion, having lost consciousness. During this second admission, the doctor diagnosed a possible acute myocardial infarction, a conclusion confirmed by an electrocardiogram.
A helicopter transfer to La Candelaria hospital in Tenerife was decided, but she passed away a few hours later while waiting, after being sedated and intubated. Subsequent rulings suggest that adequate treatment the previous night would have significantly increased her chances of survival.
Following the out-of-court settlement with the insurer, the family withdrew their civil claims. However, the Public Prosecutor's Office maintained the criminal accusation, leading to the initial conviction which has now been upheld, with the annulment of mitigating factors but without affecting the prison sentence and disqualification.
