An Agreement Reached in the Malpractice Case of Nicolás Solano. The Doctor is Free
On February 20, 2021, Diego Bonilla Robinzon, then 33 years old, arrived at the ‘Dr. Blas Gómez Chetro’ polyclinic of the Social Security Fund (CSS) in Arraiján, suffering from severe abdominal pain. Hours later, after undergoing a series of tests that included x-rays, the doctors decided to refer him to the Nicolás A. Solano Hospital in La Chorrera. After being admitted to this hospital, Robinson undergoes further laboratory tests, in addition to other analyses. Subsequently, the doctors opt for an exploratory laparotomy (open abdominal surgery) to determine the origin of the ailment.
The surgery will be performed on February 21 by cardiovascular surgeon Evelio Cermeño Pinzón. Hours after the surgery, the patient died. As a result, the family initiated legal action alleging medical negligence. Four years and 11 months later, the surgeon who treated Diego Robinson was apprehended and brought before a judge for a hearing on multiple requests. During the hearing, which lasted five hours, the judge charged the accused with the crime against life and physical integrity, in the form of manslaughter. In addition to ordering a travel ban and requiring periodic reporting on the 2nd of each month, both measures were appealed by the doctor’s legal defense.
The judge also ordered the doctor’s release. Rodolfo Fernández, the lawyer for the victim’s family, indicated that the defendant’s defense has offered to reach a settlement and arbitration through an alternative dispute resolution method. However, the lawyer asserted, it is up to his clients to make a decision about whether or not to accept the proposal. The doctor’s defense based its argument on the autopsy report that reveals the cause of the patient’s death was a bacteria, adding that in this case there are other doctors who have not been summoned by the Public Prosecutor’s Office.
