The Civil Chamber confirmed compensation of 12,450,000 pesos for medical malpractice after an unsatisfactory wrist surgery in Lanús as a result of a domestic accident. (Illustrative Image Infobae)

Case Overview

The National Court of Civil Appeals upheld a ruling mandating a doctor, a social work organization, a sanatorium, and their insurers to pay 12,450,000 pesos (approximately $40,000) in damages to a man who incurred permanent injuries following a domestic accident and a botched surgical procedure. This ruling corroborated the earlier decision and dismissed appellate claims from the involved parties.

The Incident

In late November 2017, the 51-year-old plaintiff suffered a wrist fracture after falling from a ladder while performing maintenance work at home. Following severe pain and swelling, he sought medical attention, where he was diagnosed with a left wrist fracture necessitating surgery with screws.

On December 5, 2017, the surgical procedure took place under the guidance of a healthcare professional at a local sanatorium, yet post-operative care was lacking. Discharged without protective measures, the situation took a turn when subsequent medical evaluations revealed that the screws had shifted, largely attributed to insufficient immobilization.

The Lawsuit

Faced with unrelenting pain and decreased wrist functionality, the plaintiff initiated legal proceedings against the medical team, the social work entity, and the sanatorium. He sought compensation for not only physical injuries but also for the psychological impact due to perceived medical malpractice.

After the initial trial concluded in September 2025, the judge awarded 8,000,000 pesos for physical damages, 450,000 pesos for psychotherapy, and 4,000,000 pesos for moral damage. These amounts were determined based on current currency values at the time of the ruling and subject to interest accrual until full compensation was paid.

(Illustrative Image Infobae)
The lack of adequate immobilization after the operation caused displacement of the screws and malunion in the fracture. (Illustrative Image Infobae)

Legal Findings

The judge’s conclusion was heavily influenced by expert medical testimony which underscored the inadequate osteosynthesis and insufficient post-operative care that led to the patient suffering from wrist stiffness and malunion.

Despite the defendants’ claims denying malpractice, the court analyzed the crucial role of medical expert opinions, deeming them vital in establishing liability. Furthermore, the court identified a critical failure in obtaining valid informed consent, as required by law, rendering the medical institutions liable for the damages incurred.

Conclusion

This case highlights the importance of adequate medical documentation, thorough post-operative care, and the necessity for informed consent in medical procedures. The sizable compensation awarded reflects the serious ramifications of medical negligence and underscores the legal responsibility borne by healthcare providers to ensure patient safety and satisfactory outcomes.

The judge has mandated a reevaluation of the procedural costs in light of the ruling, emphasizing accountability while navigating complex healthcare litigation.



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