Condemns the Galician health for refusing to perform an abortion of an unviable fetus

9 Jul 2020

A magistrate condemned to pay 270,000 euros to the Sergas, who had adduced respect for the “conscientious objection” of his workers not to practice an abortion of an unviable fetus at week 32

She forced the woman and her partner to travel 500 kilometers to a private clinic in Madrid, which led her to another public clinic due to medical complications that ended the removal of the uterus

The sentence also estimates that the pregnancy was “unnecessarily extended”: “The life of the appellant has been endangered and she has definitively lost the opportunity to be a mother.” The patient refers “I risked my life traveling 500 km because the Galician health refused to have an abortion.” “No one should do so many miles; abortion has to be regulated and ensured in public health. “

The magistrate said that the specialists of the Galician hospital reacted “late, bad and crawling” by delaying “unnecessarily” until the 32nd week of Paula’s pregnancy that “should be legally doomed to failure” ie an abortion. In this ruling, the magistrate remembers that once the complainants were informed in week 20 that an alteration in the ultrasound was observed, the couple resorted to private health to obtain the diagnosis. In week 25 they obtained it, the serious anomalies suffered by the fetus protected the abortion in any term.

Despite the fact that from the outset the couple took part in these results to the Burela team, the professionals continued to “blindfold” – the magistrate pointed out – requesting further tests, avoiding abortion. This “high of the inoperancia”, continues the speaker of the sentence, determines “indefectiblemente its absolute patrimonial responsibility”. “What is inexcusable is that before the external contribution of accurate, clear and determinant information of the fetal anomaly, the gynecology service of Burela, remain immersed in the paralysis and would not have reacted,” he adds.