He opens proceedings when he sees criminal indications in the medical care that the little girl received
The investigative court number 18 of Valencia has admitted for processing the complaint filed by the parents of the minor under 12 years of Jérica (Castellon) who died last February as a result of peritonitis that it was not diagnosed, despite having gone to the Viver health center on several occasions, as well as to the emergency service of the Sagunt Hospital. Finally, the girl died at the Clinical Hospital before being able to undergo surgery for the ailment she suffered.
The order issued by the court, to which El Periódico Mediterráneo, from the Prensa Ibérica group, has had access, states that The facts denounced present, in principle, “indications of the possible commission of a crime of reckless homicide in the person of Emma Martínez Gascón”. Therefore, the judge orders various procedures to be carried out to investigate whether the little girl died as a result of medical negligence, taking into account that the family denounced that the doctors did not apply to the girl “practices that would have given the opportunity to reach an early diagnosis of acute appendicitis. Complementary tests were not prescribed or performed despite the gradual worsening of his state of health and despite the symptoms he presented”.
Proceedings instructed
Thus, it requests that the forensic doctor issue “a report on the adaptation to the lex artis ad hoc of the treatment that was given to the patient Emma Martínez Gascón, discriminating, as far as possible, the treatment received at the Viver health center, in the emergency service of the Hospital de Sagunt, and in the Hospital Clínico de València”. She also asks to identify the SAMU doctor who was in the transfer so that she is summoned as a witness and asks the Clinician for the autopsy performed.
In the same way, the judge wants to know the identity of the assistant doctor in supervisory functions of the resident internal doctor who treated the little girl in the Sagunt emergency room, as well as he addresses the Ministry of Health to report on the insurance company that covers civil and patrimonial liability.
This court in Valencia is provisionally in charge of the investigation, since it has not yet been agreed whether the case will be transferred to Sagunt, as requested by the prosecutor, since it was in this area where the bulk of the possible negligence allegedly took place.
Sanitat requests data to be able to debug responsibilities
The General Director of Human Resources of the Ministry of Health, Carmen López, has sent a notification to the investigating court number 18 of Valencia requesting “information on what stage this procedure of preliminary investigations is in and its status of processing, as well as the statutory personnel of the health institutions dependent on the Department affected, in order to purify disciplinary responsibilities”. Since this tragic death occurred, Sanitat has shown full support and collaboration to Emma’s family, even Minister Miguel Mínguez met with her parents.