The Provincial Court has sentenced the IB-Salut insurance company to compensate a family with over 700,000 euros for severe injuries sustained by an infant during birth at Son Llatzer hospital. The newborn suffered shoulder dystocia, leading to a brachial plexus injury and enduring repercussions hindering upper body movement, impeding basic activities like dressing and eating.
Following the March 2017 delivery, the child's injuries took more than a year to stabilise. Consequently, the family pursued a direct claim against IB-Salut. Initial appellate rulings acknowledged medical liability due to specific risk factors: The baby's large size (over 4.7 kilograms), prolonged labour, and use of extraction tools. However, insufficient evidence, including incomplete expert opinions and biased witness testimonies, hindered a clear verdict. Critical deficiencies in medical records further complicated the matter, preventing a comprehensive understanding of the birth events.
In the absence of vital details in the records, the court favoured the claim, emphasising the negligence in documenting essential information. The Court of Appeal upheld the decision, noting IB-Salut's failure to engage with the claim adequately despite possessing the necessary information. While the insurer contested the interest amount, the court dismissed the appeal due to the insurer's inaction, affirming the initial ruling on liability.