The Oniam had already been disowned at first instance by the administrative court of Orléans, in a judgment rendered on February 7, 2019.
On appeal, however, he maintained that the death of this patient on March 27, 2013, was not a “medical accident” but was indeed the sole responsibility of the doctors in Chartres.
This inhabitant of Villemeux-sur-Eure – then 66 years old and suffering from cancer in the uterus – had just undergone an operation lasting several hours the day before, which ended around 1 p.m. His “unstable” state then led the surgeons to resume the operation around 5.30 pm.
Grandmother of five grandchildren
But, in the night which had followed, an “intravascular coagulation” had led to the death of this grandmother of five grandchildren.
Oniam experts therefore reproached the Chartres hospital center for its “culpable delay”: according to him, his doctors should have practiced “immediately” upon resumption of the operation “in view of the extremely rapid fall in the rate of hemoglobin ”of the patient, but this did not“ intervene until 5:30 pm ”.
An intervention “in accordance with the rules of the art”
« [La patiente], who was already in the operating room, should have been the subject of an earlier surgical revision ”, deduced Oniam. This “delay” had lost the sexagenarian “80% chance” of avoiding her death, according to him.
“The biological manifestations of disseminated intravascular coagulation were already present at 3:15 pm”, replies for its part the administrative court of appeal of Nantes.
“The medical team tried, from that moment, to stabilize the patient’s condition and to determine if there was a specific cause of bleeding,” she notes.
“The intervention carried out at 5:30 p.m. only made it possible to stop the hemorrhage observed in a lumbar artery which was not major”.
It was nevertheless “in accordance with the rules of the art and the data acquired from science”, underline the Nantes judges.
The National Medical Accident Compensation Office will therefore have to pay € 1,500 to the Chartres hospital center for its legal costs.