The Court of Instance of Girona has processed a doctor and two midwives for the childbirth care of Aisatu, a minor born on November 25th with moderate neonatal asphyxia after a partial placental abruption. The case places them before a presumed crime of serious professional negligence resulting in injury.
The judicial resolution focuses on the interval between the mother's admission, at 8:15 AM, and the emergency cesarean section ordered at 10:00 AM, despite the fact that the baby was born five minutes later without breathing and with anoxia. Aisatu has suffered from severe hypoxic-ischemic encephalopathy ever since and has been recognized with a 96% disability by the Catalan Administration.
The judge found indications after two previous dismissals of the case
Plaza 4 of the Instruction Section closed the investigation with the processing of the three healthcare professionals upon finding indications of a crime due to alleged malpractice. The prosecution has not joined the accusation.
The procedure had been dismissed in 2021 and 2023, but the Girona Provincial Court ordered it reopened after an appeal. That decision allowed for new proceedings to be carried out, including the testimony of forensic experts.
The private prosecution, represented by lawyer Esteban Gómez Rovira on behalf of the mother, is seeking eighteen months in prison and twenty-four months of special disqualification from practicing as healthcare professionals for each of the accused.
Two monitors failed and the ultrasound arrived almost two hours after admission
The mother was admitted at 34 weeks of gestation and was initially attended by the two midwives now being processed. During the care, she was connected to three consecutive cardiac monitors because the first two were not working.
The prosecution maintains that the midwives ignored the warning that the patient had wet the bed with amniotic fluid, mistaking it for urine. It was not until 10:00 AM that a doctor requested an ultrasound, detected the placental abruption, and ordered the emergency cesarean section.
At 10:25 AM, the baby was born, who was not breathing and presented with anoxia. She was then transferred by ambulance to the Trueta Hospital in Girona, where they managed to stabilize her, albeit with severe sequelae.
Aisatu needs a gastric tube, a machine for bronchospasms, and continuous assistance
The minor currently resides in the province of Girona and requires permanent care. She is fed by gastric tube, depends on a machine for bronchospasms, and needs continuous help to move.
"She depends on my care all day. I give her up to five different medications" - Kumba Drammeh, Aisatu's mother
In addition to prison sentences and disqualification, the prosecution has requested compensation of more than three million euros for the injuries and after-effects. The same amount is claimed as bail from the three healthcare professionals on trial, the center's insurers, and the Servei Català de Salut within ten days.