An expert had confirmed that the care of this agent had been “unsuitable”, but only “over a very short period” of “eighteen days”, had nevertheless underlined the lawyer of the hospital, at the hearing. . The patient was prescribed anti-inflammatory drugs initially before a CT scan made it possible to establish the correct diagnosis.
“The […] is not seriously disputed that the radiological images […] made it possible to easily diagnose the fracture of the L1 vertebra from which he was suffering and to suspect an identical attack to the L2 vertebra ”, for its part, the court decided. “The Chartres hospital center therefore made a faulty diagnostic error. “
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“The delay with which the diagnosis […] was placed accentuated the vertebral compression from which “the applicant” was already suffering and increased the intensity of the pain “, she continues in her judgment.
« L’expert […] has indicated […] that a good diagnosis would have led to prescribe […] a long period of rest which would have avoided […] the pain. “
The Nantes administrative court of appeal, however, did not award the applicant the € 90,000 in compensation he initially claimed.
€ 5,375 in compensation
The applicant “who had been a radiological imaging manipulator at the Chartres hospital center since 1991, was unable to resume work after his motorcycle accident”, noted the judges. “However […], the professional incapacity “of the applicant” cannot be attributed to the consequences resulting from the fault of the hospital center […], but is the exclusive consequence of the previous condition of the person concerned and of the motorcycle accident itself. “
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The Nantes administrative court of appeal ultimately ordered the Chartres Hospitals to pay him € 5,375, and not € 1,450, as the Orleans administrative court had decided. The establishment will also have to pay € 1,000 to its former medical imaging manipulator for legal costs.
Guillaume Frouin
[email protected]
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