The diagnostic error itself is not discussed

Description of your first forum.
Post Reply
anik4600
Posts: 1
Joined: Tue Feb 27, 2024 5:53 am

The diagnostic error itself is not discussed

Post by anik4600 »

The woman was diagnosed with breast cancer for the second time and underwent genetic testing to find out whether the disease was hereditary. The result was negative, but she repeated the test in another laboratory, which identified a pathogenic variant in a gene. Only after three months did the defendant laboratory correct the test result. Therefore, the patient filed a compensation action. The court of origin denied compensation because it understood that the error did not affect the plaintiff's diagnosis or treatment. The sentence was unanimously upheld by the TJ-SP.

The case's rapporteur was judge Ramon Mateo Júnior. ", which was admittedly admitted and corrected, with a second examination carried out in another laboratory, but its effective consequences in relation to the diagnosis of the disease and its treatment, a negative reflection that in a well-founded manner was not verified, leading to the dismissal of the compensa Venezuela Mobile Number List tion claim", maintained the rapporteur. According to the judge, genetic research would not change the diagnosis of which the patient was already aware and for which she was already undergoing adequate treatment, even because such genetic investigation was intended to outline surveillance strategies and reduce the risk of cancer, and not to close the diagnosis or start treatment. "It was necessary to present any report or opinion from the doctors who worked on the case indicating any harm.

Image

The author did not bring any medical statement, not even the presentation of documents or even the testimony of her doctor", wrote the rapporteur. For him, there is responsibility without fault, but there is no compensation without damages: "The author was already undergoing treatment, including aiming to reduce the size of the tumor to try to avoid mastectomy. The examination was aimed at a hereditary investigation, since there had already been a diagnosis and was undergoing treatment. There is no indication of anyTOO LATE Airline must compensate for flight delays of more than 24 hours Tábata Viapiana March 12, 2023, 5:59 pm Consumer Air transport is subject to internal and external events, but such facts do not exempt the company from providing full assistance to passengers subject to setbacks.
Post Reply