Ney Arias Lora Hospital and CMD appeal ruling

Santo Domingo.- The Dr. Ney Arias Lora Traumatological University Teaching Hospital and the Dominican Medical College (CMD) have filed an Appeal for Constitutional Review against Sentence SCJ-TS-24-0126, issued by the Third Chamber of the Supreme Court of Justice, regarding a case dating back to 2016.

The appeal aims to review the sentence issued by the high court, as the health center was not allowed to present expert evidence, review management protocols, or examine international treatment guidelines for clinical cases, thus impeding its right to defend itself.

In a statement, the health center expressed confidence that the Constitutional Court judges will uphold fundamental rights and ensure fair application of the law for all parties, maintaining the rule of law in the Dominican Republic.

The sentence from the Third Chamber of the Supreme Court of Justice condemns the health center to pay 10 million pesos for the amputation of a patient’s leg, a procedure conducted in 2018 following an admission in 2016.

Dr. Julio Landrón, the hospital’s general director, noted that upon assuming office in August 2020, he inherited several legal challenges stemming from past administrations, including the case of Félix Julián Encarnación. Encarnación was admitted to the hospital in January 2016 following a traffic accident and underwent surgery again in November 2017 for another accident, resulting in the amputation of his leg.

Despite ongoing legal proceedings, Landrón expressed surprise at the timing of the sentence’s issuance, emphasizing the state of the health center inherited from the previous administration. He emphasized the hospital’s commitment to transparency and accountability in addressing legal challenges inherited from past administrations.