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The plaintiff, after undergoing surgery for a cystic tumor of the right ovary, suffered an iatrogenic injury to the ilioinguinal nerve, which despite the pain caused, It could not be diagnosed by the doctors responsible for the patient.
The public reminds us that not all misdiagnoses are reprehensible and unjustifiably cause liability. Only the healthcare professional who misdiagnoses due to overt ignorance or due to not using the appropriate means
The Chamber argues in this resolution that the iatrogenic injury during a Pfannenstiel laparotomy, in addition to being unrelated to negligence, as has been expertly proven, is not a frequent or typical, but an exceptional risk. In this sense, the low prevalence of ilioinguinal nerve involvement presents greater difficulty in its diagnosis or, because it is more precise, in causally correlating pain to laparotomy, for which knowledge and studies that go beyond the field are required. acquaintance with the respondent doctor (gynecology), who what you need to do is refer your patient to other doctors; derivation occurred in the present case.
Likewise, it includes Judgment based on the practice of evidence from experts who, in Medicine, make a differential diagnosis, many times, “takes time”, considering it one of the “hardest things” in this field, which sometimes requires multidisciplinary work. The normal and usual thing is that patients with pain of this type (neuropathic) “hang around” for about 3/5 years between different medical specialists without obtaining an adequate diagnosis until they reach the Pain Unit.
Provincial Court of León (Section 2) Judgment no. 214/2020 of 3 July.
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