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Andalusian Health Service Ordered to Pay €250,000 for Erroneous Cancer Diagnosis

The Tribunal Superior de Justicia de Andalucía ruled that a woman suffered disproportionate harm from a misdiagnosed sarcoma, leading to unnecessary surgery and experimental treatment.

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Fachada del Hospital Virgen del Rocío

Overview

  • The Andalusian High Court has finalized a ruling requiring the Servicio Andaluz de Salud (SAS) to compensate a patient with €250,000 plus legal interest for harm caused by a misdiagnosed sarcoma.
  • The patient underwent a highly invasive surgery in December 2017, including the removal of her quadriceps, based on an incorrect malignancy diagnosis that was later disproven by post-surgical biopsies.
  • The court highlighted failures in diagnostic certainty and informed consent, noting the patient was not adequately informed about the inconclusive nature of pre-surgery tests or the experimental nature of her chemotherapy and radiotherapy treatments.
  • The misdiagnosis and subsequent treatment left the woman with permanent physical disabilities, including chronic pain and disfigurement, as well as severe psychological trauma.
  • This ruling overturns a 2021 judgment that absolved SAS of liability, emphasizing the disproportionate damage caused by the medical intervention and the lack of proper communication with the patient.