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Malaga
Friday, 30 May 2025, 17:13
A court in Écija (Seville) has recently taken a statement from an anaesthetist and two doctors from the hospital in the town who are under investigation as part of a legal complaint filed by a local couple regarding the death of their three-year-old daughter in 2022. The child died from a "haemorrhagic shock" several days after undergoing an adenoidectomy at the hospital.
The lawyer Fernando Osuna, whose firm represents this family from Écija, has reported that, along with the three individuals under investigation in the case - which centres around a possible offence of manslaughter due to gross negligence - the court has also taken statements from two doctors at the Virgen del Rocío hospital (Seville) as expert witnesses. This was the hospital where the minor ultimately died after being transferred there from the hospital in Écija.
In a court order obtained by Europa Press, court number one of Écija agreed to summon the three individuals under investigation, as well as to hear expert testimony from the two professionals from the Virgen del Rocío hospital. They are to address “the contents of the surgical report dated 27/09/2022, which is already part of the case file” and provide any “clarifications that may be relevant for the better understanding of the facts under investigation”. The case, according to Osuna, continues to move forward, awaiting further pronouncements from the court.
The complaint filed by the legal representation of the girl's family claimed that the facts should be considered as a "criminal offence of manslaughter due to gross professional negligence," punishable by up to four years in prison. They also sought a "special disqualification from practising the profession, trade or holding office" for the professionals initially under investigation, due to the alleged "failure to observe precautionary rules" in an "entirely negligent act, causing a delay in diagnosis that could have been decisive" in saving the child’s life.
The little girl, according to the complaint, for which a doctor has already testified as a defendant in October 2023, was operated on on 19 September 2022 in the hospital in Ecija to remove a hypertrophy of the tonsil and adenoid that she suffered, causing nasal breathing difficulties. This operation, according to Osuna, was carried out "without a previous blood test".
The minor, according to the lawyer, was discharged hours after the operation "without the corresponding review by the person responsible for the surgery". The day after the operation, according to the family's account, the parents took the child to the hospital's emergency department because "she was not in good condition and could not take the oral antibiotics". In response to this, the doctors prescribed paracetamol suppositories.
According to Osuna, the parents took the child to the hospital's emergency department again on the 23rd "because she was not speaking, had a fever, was pale and could not swallow". In the early hours of the 24th, they took her "unconscious" to the hospital "with cardiorespiratory arrest, after having suffered a serious haemorrhage at home", being diagnosed with "hypovolaemic postoperative shock".
"Despite the seriousness of the situation, the minor was not transferred to the Virgen del Rocío hospital in Seville until three hours later," the lawyer said, explaining that was where the little girl eventually died.
The autopsy report, issued by the Virgen del Rocío on 31 October 2022, noted a hypoxic-ischaemic encephalopathy (encephalic death), with "concomitant alterations: haemorrhagic shock".
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