Un médico fue condenado hoy, en el marco de un juicio abreviado, a la pena de una multa a dos años y seis meses de inhabilitación especial para ejercer como médico de guardia y para ejercer la medicina en prácticas relacionadas a la urología, por ser autor del delito de lesiones graves culposas.
La sentencia fue dictada por el juez de audiencia de Santa Rosa, Gastón Boulenaz, a partir de admitirse un acuerdo de abreviado presentado por el fiscal de General Acha, Raúl Miguez Martín; el defensor oficial, Claudio Martínez Sabio; y el propio imputado, Mario Esteban Vigliocco, quien aceptó su responsabilidad penal. En este tipo de acuerdos, los magistrados no pueden imponer sanciones más altas que las requeridas por el Ministerio Público Fiscal.
Con las pruebas reunidas durante la investigación preparatoria, se probó que Vigliocco, como médico de guardia, atendió a un paciente que presentaba inflamación y fuertes dolores abdominales y testiculares. Ante ello dispuso que se le aplique un calmante inyectable. “Sin ordenar su derivación para una interconsulta quirúrgica, le indicó reposo en su domicilio y aplicación de hielo e ibuprofeno”, se detalló en el fallo.
Ante la falta de mejoría, y luego que pasara un día y medio, se insistió con la derivación. A la noche del día siguiente, el profesional decidió que el paciente fuera trasladado a General Acha, donde un médico cirujano lo derivó en forma urgente al hospital santarroseño Lucio Molas. Allí una médica pediatra lo intervino quirúrgicamente –también de urgencia–, extirpándole un órgano.
“De tal modo, Vigliocco, a pesar de contar con los elementos necesarios para diagnosticar la gravedad del caso, no dispuso la derivación oportuna, ni efectuó un seguimiento de la evolución del paciente. Su accionar negligente determinó el resultado lesivo, que podría haber sido evitado si hubiera actuado de modo diligente y apropiado según las normas de la ciencia médica”, señaló Boulenaz en la sentencia.
Tras analizar los informes de una médica forense de la justicia provincial, a los que calificó de “relevantes”; y una pericia de la Procuración General de la Suprema Corte de Justicia de Buenos Aires, del que dijo que resultó “clarificadora”; el magistrado remarcó que “las acciones desplegadas por el acusado quedaron acreditadas no solo por el propio reconocimiento formulado por Vigliocco”, con respecto a su conducta; sino que además se incorporó “suficiente prueba objetiva e independiente incriminatoria, que respaldó su confesión”.
Los peritajes concluyeron que con el diagnóstico dado por Vigliocco en un primer momento, ameritaba “la rápida derivación a un centro hospitalario/privado para que un cirujano examinara al paciente en interconsulta ya que la patología era de urgente resolución por la posibilidad de necrosis” del órgano.
En la parte resolutiva, Boulenaz indicó que, una vez que el fallo quede firme, deberá comunicarse la inhabilitación especial al Colegio Médico, Ministerio de Salud y al lugar donde el acusado prestar servicios actualmente. También a la Fiscalía de Investigaciones Administrativas.
A LOS BIFES
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SANTA ROSA: IBA CAMINANDO JUNTO A SU PAREJA CUANDO DOS VARONES EN UNA MOTO COMENZARON A DISPARARLE EN EL PIE, PERO NO HIZO LA DENUNCIA; ¿AJUSTE DE CUENTAS?
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SANTA ROSA: UNA PELEA ENTRE CHICAS TERMINÓ CON UNA DE ELLAS MUTILADA: “LE ARRANCÓ UN PEDAZO IMPORTANTE DE OREJA Y NO SE LA PUDIERON PEGAR”
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MILEI IMPULSA UN NUEVO CÓDIGO PENAL CON PENAS MÁS DURAS Y SIN PRESCRIPCIÓN PARA DELITOS GRAVES
69 thoughts on “Mala Praxis: inhabilitaron a un médico por dos años y 6 meses”
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