The Andalusian Health Service (SAS) has reached an agreement with the family of a 17-year-old young man from Malaga, following the administrative property claim filed by the El Defensor del Paciente association in Malaga, for which he is compensated with the amount of 52,897 euros for the loss of a testicle after poor healthcare.
This claim, presented by lawyer Damián Vázquez, assigned to the association's legal services, indicated that on November 28, 2022, the minor accompanied by his family went to the SUAP in Mollina (Málaga) due to unbearable pain that he had suffered for a long time. about two hours in testicles, even having to leave school to go to the health center, since he couldn't take it anymore.
The doctor, without exploring it and without performing any tests, verified that the inflammation was indeed noticeable, as well as the pain, but proceeded to discharge him without further ado, with a diagnosis of orchitis, recommending rest, and if it worsened, to consult again; but he did not refer him to the hospital or specialist, nor did he agree to perform any diagnostic tests.
This doctor told the patient and his mother not to worry, that it was a minor pain and that this inflammation of the testicle was caused by bacteria or viruses. Trusting the doctor's judgment, they followed his instructions "after a clearly inappropriate medical discharge and without making the minimum diagnostic effort necessary in this case, with a clear violation of the lex artis ad hoc and omission of means," says the association.
According to El Defensor del Paciente, "the diagnostic error was evident, without performing an ultrasound, scintigraphy, etc., nor prescribing treatment, abandoning him to his fate." The lawyer, a specialist in health law, indicated in his claim that "they had not acted in accordance with protocols, causing irreparable harm to the minor."
The next day, faced with the pain that "was literally unbearable," they decided to go to the Emergency Service of the Regional Hospital of Antequera (Málaga), where he was diagnosed with testicular torsion, "after performing all the necessary tests for a conclusive and well-founded diagnosis." ". In addition, emergency surgery was decided, proceeding to perform a right orchiectomy, removing said testicle.
They have pointed out that "the haste in the diagnosis and the immediate intervention of the patient is essential to avoid undesirable consequences since if it is carried out in the first six hours the evolution is usually favorable, and not like in this case where he lost a testicle, however what this will mean for life."
Lawyer Damián Vázquez thanked the estimate and the agreement reached with the SAS, "also quickly", as he explained that this type of claims procedures for medical negligence "usually last several years and in this case it was resolved in only one year; although the damages and losses are evident".
Compensation is granted for the consequences caused, for the traumatic loss of a testicle and for the aesthetic damage caused; paying the amount of 52,800 euros, whose income they have just received, they have indicated from the group.
The president of the Patient Advocate Association, Carmen Flores, has indicated that "this is another case of haste or lack of means, or cost savings, or lack of urgent referral to a specialist, since with a simple ultrasound would have diagnosed in time, saving said testicle, which unfortunately has not happened in this case".
Vázquez has confirmed an "exponential" increase in claims for medical negligence, "aggravated by the tremendous situation of waiting lists in Andalusia, which have skyrocketed, both for appointments with specialists, diagnostic tests and surgical interventions; with a broth of cultivation for such negligence, affecting the health of patients.
