The Superior Court of Justice of the Canary Islands has upheld a ruling against the Canary Health Service for the death of a 51-year-old nurse at the Doctor Negrín Hospital in Las Palmas. The court has ordered a compensation package exceeding €745,000.
The decision, delivered by the law firm Henríquez and Carnero Abogados, cites the principle of “disproportionate damage” to justify its verdict. It concludes that the circumstances surrounding her death were inconsistent with expected clinical outcomes.
The nurse, who had Crohn’s disease, underwent surgery in January 2022. During her treatment, a peripheral central catheter was implanted to provide nutritional support. However, this treatment led to complications, causing fluid accumulation in her pleural cavities and resulting in suffocation, according to the court’s ruling.
The TSJC stated that the medical professionals involved failed to provide a credible explanation for the complications, despite the family’s substantial expert evidence. The administration’s claims relied on clinical notes rather than robust scientific insights.
The ruling confirmed a principal compensation of €659,387, plus interest accrued since the family’s administrative claim was filed on 18 January 2023, bringing the total to over €745,000.
In its appeal, the administration argued there had been a misinterpretation of evidence regarding the presence of fluid in the lungs, questioning whether it was lymphatic or from the nutritional treatment. However, the TSJC deemed such an alleged error “irrelevant,” reiterating that compensation was for disproportionate damage.
The panel, led by Judge Inmaculada Rodríguez Falcón, concluded that the administration’s appeal was “not entirely accurate,” noting that the biochemical analysis mentioned was only referenced in one clinical note and did not constitute a formal report.
