2023-05-13 01:00:00
A doctor from Antioquia will have to assume the maintenance of a baby because of an “inappropriate conclusion” that caused “damage in the exercise of sexuality and reproductive freedom,” according to what the court indicated when ruling on his case.
(You can read: Sex life when there is prostate cancer).
The health professional treated a patient from the liquidated EPS Saludcoop, who chose to have a vasectomy as a contraceptive method. Once it was done, the doctor described the procedure as successful, but the result of some sperm tests did not take it for granted.
For the seventh judge of the Medellín circuit, the doctor made an erroneous conclusion: “He did not recommend that the patient continue using contraceptive methods to avoid the risk of pregnancy.”
Sperm. (Reference image).
(Keep reading: On video: triplets were born in Barranquilla and this is how the new parents reacted).
The surprise for the man and his partner came when they found out that they would be parentsAlthough it was not in their plans, they did not have the financial conditions to take care of them and they faced health problems. So they filed the lawsuit for which the judge agreed with them.
According to the ruling, “there was an affectation in the exercise of their sexuality and reproductive freedom” and their life projects were directly affected.
The harsh penalty for the doctor
The judge held the doctor and EPS Saludcoop responsible for the damage caused: they must assume the maintenance of the baby until the age of 18.
(Also read: The Ministry of Health and the Prosecutor’s Office are convicted of negligence in the case of Rubiela Chivará).
The doctor and the EPS were sanctioned.
Thus, they will have to disburse 80 current legal minimum wages for moral damages (more than 92 million pesos), 60 million pesos of the costs of the lawsuit and 143 million pesos for maintenance, for a total of 295 million pesos.
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