Malaga Insurer Charged with Death of Baby After Refusing Caesarean

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Malaga Insurer Charged with Death of Baby After Refusing Caesarean
Malaga Insurer Charged with Death of Baby After Refusing Caesarean. Image: Google Maps

AN INSURER in Malaga has been convicted over the death of a baby after refusing to allow an emergency caesarean.

A court ruled the insurer will also have to pay €186,353 to the parents after it was convicted of the death of a baby at a Malaga hospital.

The Court of First Instance No. 8 of Malaga has upheld the claim filed by the legal services of the Association ‘El Defensor del Paciente’ on behalf of the parents, against a medical insurer for the death of her child after delivery in a clinic private of Malaga.

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The incident took place in 2016 when the woman went to the El Angel Hospital emergency room and was given an epidural.

According to court documents: “The couple was alone for a while, about 30 minutes, pushing when there were contractions. At about 2.40 am, the gynaecologist and the midwife returned and commented that the delivery was due for caesarean section, but it was not carried out.

“At 3 am the gynaecologist requested that a suction cup be brought to him to apply it, pushing with all his strength and putting all of his weight on the pregnant woman’s belly, next to the midwife.


The gynaecologist pulled the cable that was hooked to the vacuum with tremendous force and all without performing the caesarean section that they had previously discussed.”

The couple said they asked the doctors for explanations, but did not receive any.

The baby was later taken to the Materno Hospital where he was treated for swelling on his brain and later died.


A court later found the baby should have been delivered by caesarean and awarded the parents €186,353.


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