Friday, October 24, 2008

Jury judges against Uruguayan doctor in Puerto Rico


The Uruguayan doctor Eduardo Lasalvia will have to pay an indemnification of US$ 500,000 to widower of Juana Ramos, deceased of a breast cancer, informs today's newspaper "El Nuevo Dia" of Puerto Rico. The article was sent to EL PAIS newspaper by reader Fernando C.

The letter adds that Lasalvia was also found responsible for Ramos' death. On this point, Dr. Lasalvia's lawyer, Roberto Odasz, told EL PAIS " it is imperative to point out that this is a civil judgment where the concept of blame is not the point."

"The jury in the case determined that Dr. Lasalvia omitted the fact that he forced the patient to be put under conventional treatments. As a result of this omission, the jury indemnified the plaintiff as you would in any civil case held in the americas" , the consulted lawyer added.

Odasz also said that, whatever the case may be, before the 30th of October, the motion will appear before the judge to dismiss or sentence the jury's verdict against Lasalvia.

The lawyer clarified that the jury did not find his client responsible for the death of his patient. He added that experts testifying on the part of the plaintiff said that Lasalvia did not incur any act or omission in the treatment of his patient which may have contributed to her disease or death.

Odasz also said that until the judge agrees with the jury's final verdict, his client is not guilty, but also added that his client was not responsible for the death of the patient nor did the jury find him responsible for Ramos' death.

The letter from Nuevo Dia establishes that the Plaintiff's lawyer, Jose Vela'zquez, celebrated the verdict of the jury and remembered that Ramos had incurred before Lasalvia in the middle of 2003 with a breast cancer in its early stage, the lawsuit indicates.

Velazquez claims Lasalvia persuaded Ramos to be put under treatments that had not been approved by the FDA, not knowing their experimental nature.

Lasalvia's lawyers contradict this claim and state that Ramos first approached the Defendant looking for relief of her symptoms, not a cure for her condition, due to the advanced state of the illness that ailed her.

Lawyers of the Uruguayan doctor believe that the jury's actions were due mostly to sympathy towards the Plaintiff's grieving family, and not a comment on the doctor's negligence under Puerto Rican law. (http://www.elpais.com.uy/081024/ultmo-377557/ultimomomento/jurado-falla-contra-medico-uruguayo-en-puerto-rico)

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