In Manaus, woman receives compensation of R$ 50,000 after developing cancer after surgery

Indemnity

In 2008, the woman had surgery, but was subjected to a medical error.

Manaus (AM) – The Public Defender of the State of Amazonas (DPE-AM), through the Civil Nucleus, guaranteed a 51-year-old woman compensation for moral damages, in the amount of R$ 50,000, after she was subjected to an error physician, at the Adriano Jorge Hospital Foundation, in Manaus. The decision was handed down earlier this month by the Third Civil Chamber of the Court of Justice of Amazonas (TJAM).

According to the defenders who acted in the process, in 2008, the patient underwent a total abdominal hysterectomy, that is, the total removal of the uterus, due to the presence of benign tumors in the region. But, two years later, she felt severe pain and bleeding again, which led to further tests.

During medical follow-up, new procedures were carried out that confirmed not only the presence of parts of the organ (which should have been completely removed), but also the confirmation of the diagnosis of uterine cancer.

“A surgical procedure had been prescribed, which should have been completely performed, but only some time later and after a new worsening of the clinical picture, the patient discovered that the organ had been partially removed. This reveals not only the error in the surgical procedure, but also the violation of the right, since the patient has to receive all medical information, in a full, adequate and accessible way”,

explained public defender Rafael Barbosa.

Still according to the records, in the medical record, the doctor responsible for the surgery even indicated both the type of procedure performed (total abdominal hysterectomy), and noted that the operation was “a success”.

Lawsuit

In order to obtain compensation for the inconvenience caused, the woman sought the Ombudsman to file a lawsuit against the state public health network, for alleged medical negligence. However, in a first decision, the Court of Justice dismissed the conviction request.

The Ombudsman appealed at the Second Instance, understanding that the reported damage and the conduct imputed to the State were proven, and obtained the sentence reform, in favor of the patient. The decision was handed down by Judge Flávio Pascarelli Lopes, rapporteur for the case, on the 1st.

“Certainly, this decision demonstrates the importance of the role of the Public Defender in the Courts. At first, we had to appeal to ensure oral support was carried out before the judges of the Third Civil Chamber. The exposition of all the circumstances of the case, in the judgment session, was essential to change the outcome that, before, had been unfavorable.”

About the Ombudsman

The Public Defender’s Office of the State of Amazonas is an institution whose function is to offer, in full and free of charge, assistance and legal guidance to people who do not have the financial conditions to pay the expenses of a judicial or extrajudicial action. In addition, the Ombudsman promotes the defense of human rights, individual and collective rights and of vulnerable groups. The institution does not charge for any of its services.

In addition to the units spread across the capital, DPE-AM has 12 poles (Polo do Juruá works with virtual service) in the interior, five Decentralized Units of the Interior (UDIs) and four more headquarters in the Metropolitan Region. In 2022, more than 800,000 cases were registered in the civil, criminal and family areas, a leap of more than 40% in growth compared to 2021.

*With advisory information

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