The amount will have to be paid jointly by the Union, the government of Amazonia and the municipality of the capital
Cities with names of indigenous origin in Brazil
The Federal Court of Amazonia ruled that the family of a patient who died diagnosed with Covid-19 in January 2021during the oxygen supply crisis in Manaus, be compensated R$ 1.4 million.
In the sentence the sum will be divided between the widower and the woman’s six children. The amount will have to be paid jointly by the Union, the government of Amazonia and the municipality of the capital.
In the decision, published on the 18th, Judge Jaiza Maria Pinto Fraxe, of the 1st Federal Civil Court of the Amazon, decided that “it is up to the defendants to provide the correct and sufficient supply of medical oxygen in their public health units”, as well as “to provide the intensive care beds necessary to deal with the already expected worsening of the pandemic”.
“The harm suffered by the perpetrators is clear, profound and evident, as the loss of a loved one due to the defendants’ failure to provide medical oxygen and even sufficient intensive care beds is immeasurable, even more so when comes to being a wife and mother”, states the judge in the text.
The 61-year-old woman was admitted to the emergency room of Platão Araújo Hospital on January 4, 2021, with strong flu-like symptoms, and was eventually diagnosed with Covid-19 in critical condition.
As he worsened and needed oxygen masks, the patient’s saturation remained stable, still above 90%. Even with oxygen mask use, it began to drop on January 12, reaching 63%.
The family even asked for an opinion on resuscitation, but according to the documents, the procedure was rejected by the hospital administration due to lack of intensive care beds. The relatives filed a lawsuit against the state of Amazonia for the transfer to an intensive bed, with a favorable decision in the emergency room on January 14th. But the next day, before the sentence was carried out, the woman did not resist and died.
The family’s defense argued that it is “the obligation of the State (Union, States, DF and municipalities) to provide all actions and services essential to health care to preserve life, which did not occur in this case, due to omissive behavior in terms of healthcare”. part of the defendants, who assumed the risk of the patient’s eventual death due to lack of medical oxygen”.
“During the entire hospital stay”, underlines Judge Pinto Fraxe, the patient “remained in the ward, despite the worsening of her condition and the request of the doctor on duty to carry out a resuscitation report”.
In another paragraph, the judge continues: “The patient’s situation was so serious that she even obtained an urgent judicial decision from the State Court for her transfer to intensive care, either in the same hospital or in another of the public network or private, which did not happen due to his death.”
“It is clear, therefore, that the patient did not receive the necessary care to avoid the event of death, having been dying in a ward bed and desaturated up to 40%, which perhaps caused her to undergo cardiorespiratory arrest due to the effort to get some air”, describes the phrase again.
According to the judge, the defendants were unable to “present counter-evidence” that could counter these “obvious conclusions”. It is still possible to appeal against the decision of the Federal Court of the Amazon. The municipality of Manaus informed, through the Municipal Attorney General’s Office (PGM), that it “has not been informed of the trial and will comment when it becomes aware of it.” The Union clarified that it has not yet received notification. “When this happens, it will evaluate appropriate measures,” he said in a statement.
Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
