Through Laurent REBOURS
Published on 25 Nov 20 at 7:30
The administrative court of appeal of Nantes (Loire-Atlantique) condemned Chartres Hospitals (Eure-et-Loir) to pay € 5,300 in compensation to a former sound agent radiology department.
They are approached for not having immediately detected his fracture of the vertebrae after a motorcycle accident in August 2009.
“Inadequate” care but over a short period
An expert had confirmed that the management of MS had been “unsuitable”, but only “on a very short period “Of” eighteen days “had however underlined the lawyer of the hospital at the hearing.
He had been prescribed at the start of anti-inflammatory, before a scanner makes it possible to establish the correct diagnosis.
It (…) 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. The Chartres hospital center therefore made a faulty diagnostic error.
“The delay with which the diagnosis (…) was made accentuated the vertebral compaction from which MS already suffered and increased the intensity of the pain, ”she continues in her judgment.
€ 90,000 in compensation claimed
“The expert (…) indicated (…) that a good diagnosis would have led to prescribing (…) a long period of rest which would have made it possible to avoid (…) pain. “
The Nantes administrative court of appeal, however, did not award the applicant the € 90,000 in compensation he initially claimed.
“SP, who had been a radiological imaging manipulator at the Chartres hospital center since 1991, could not return to work after his motorcycle accident ”, note the judges.
Professional incapacity not resulting from the wrong diagnosis
“However (…), the professional incapacity of SP cannot be attributed to the sequelae resulting from the fault of the hospital center (…), but is the exclusive consequence of the previous state of the person concerned and of the motorcycle accident itself. »
The Nantes administrative court of appeal ultimately ordered the Hospitals of Chartres to pay him € 5,375, and not € 1,450, as decided by the administrative court ofOrléans.
The establishment will also have to pay € 1,000 to its former medical imaging manipulator for legal costs.