Proven facts
A regional court in Las Palmas affirmed the ruling on all points. In November 2020, a midwife at Fuerteventura’s General Hospital faced charges related to serious professional negligence linked to an injury suffered by a patient. The case established direct civil liability by the nurse’s insurer, a subsidiary of the Canary Islands Health Service, for damages, as well as a pension plan of 3,090,436.49 euros annually for the life of the claimant and a separate annual payment of 25,000 euros. The appellate chamber upheld these determinations along with the coverage of costs from the appeal.
The sentence concerned severe and irreversible injuries to a girl born in Germany, connected to the midwife’s alleged negligence and carelessness. The events unfolded at Fuerteventura General Hospital on September 20, 2008.
The dispute centered on the insurer Mapfre and its affiliate within the Canary Islands Health Service. They rejected the objections raised by the convicted midwife and her insurer, confirming a sentence that imposed four months of imprisonment and a one-year period of special disqualification. In addition, the court ordered compensation to the girl’s parents for injuries, lasting sequelae, lost earnings, and indirect and non-pecuniary damages, together with the direct liability of 3,090,436.49 euros, plus annual pensions and a lifetime payment of 25,000 euros, with statutory interest. The appellate chamber also assumed responsibility for the costs of the appeal.
Background and timeline
On September 20, 2008, a woman who was nine months and one week pregnant visited Fuerteventura General Hospital with her partner. The on-call gynecologist performed a routine examination and initially suggested labor induction because the pregnancy appeared prolonged. The verdict highlights that a midwife prepared for pre-induction but did not verify whether oxytocin was actually administered to stimulate contractions. Evidence shows fetal monitoring began at 9:10 am, initially displaying reactivity, variability, and limited uterine activity, followed by a period of normal ranges with occasional accelerations and limited motility. Between 12:30 and about 13:30, uterine contractions intensified, reaching five contractions every ten minutes with high basal tone, and baseline uterine pressure staying above 20 mmHg.
Records indicate uterine activity continued for at least 50 minutes. The decision notes that at 13:45 the midwife stated that despite the significant increase in contractions since 12:30, follow-up and monitoring were suspended without consulting the gynecologist. Fetal heart rate remained within normal limits at that moment, though multiple strong contractions were recorded every ten minutes.
The pregnancy patient, present in a room with her husband, alerted the midwife multiple times about ongoing distress and persistent contractions. The record shows five to six contractions per ten minutes even as the patient reported pain. Yet, the midwife ceased monitoring and did not document these events in the medical chart or on the monitoring sheet.
The patient’s pain complaints persisted. No examination was conducted again until 15:55, and there was no follow-up regarding labor progression. The bag ruptured, the patient fainted, and the husband supported her while the staff continued recording. Severe fetal bradycardia and ongoing uterine hypertonia were later identified. An emergency cesarean section was performed at 16:30. The newborn, delivered in cardiac-respiratory arrest, needed immediate intubation.
Birth diagnoses included a newborn female with weight appropriate for gestational age but in cardiorespiratory arrest, no spontaneous breathing, and an initial low Apgar score. Evaluation indicated hypoxic-ischemic encephalopathy due to acute fetal distress.
As a result of these events, the court concluded that the girl sustained irreparable injuries consistent with infantile cerebral palsy, specifically a spastic tetraparesis form stemming from perinatal hypoxic distress. The child now faces a lack of independent living capacity, requiring continuous 24-hour assistance. Daily activities such as eating, toileting, mobility, and sphincter control are all affected. A permanent orthosis is required, and ongoing replacements will be necessary as growth occurs. The decision recognizes the enduring impact of the incident on the child and the family, including substantial financial and caregiving obligations for the future.
Attribution: The ruling, as explained in the chamber’s reasoning, attributed direct civil liability to the hospital insurer and its health service partner, in addition to the established penalties for the midwife. The case underscores the seriousness of monitoring errors during labor and the long-term consequences for a newborn and her family. The information presented reflects the court’s analysis and final determinations as described in the case record and subsequent appellate review. This summary synthesizes the facts and conclusions as reported by the court and attributed to the involved institutions.