Surgical complications are not desirable, but they can occur in any. Therefore, if the patient dies after undergoing surgery, but the surgery normally, there is no financial compensation. This was the unanimous understanding of the 4th Panel of the Superior Court of Justice when denying the request for insurance compensation for accidental death. The request was made by a man after his wife as a result of pulmonary thromboembolism when removing her uterus. The Paraná Court of Justice the request, arguing that the cause of the death, as it was not accidental, was not by insurance.
The husband claimed at the STJ
That his wife’s state of health, before the surgery, was perfect, and that the death certificate indicates “post-surgical complications. Cardiogenic shock and massive pulmonary embolism” as the cause of death. For the plaintiff, these specifications characterize a surgical accident. The case’s rapporteur at the STJ, minister Raul Araújo, the TJ-PR’s decision. He that, because Buy Phone Number List pulmonary thromboembolism was as a complication resulting from the surgery, and the normally, without any “external, sudden and involuntary” incident, it is not possible, under the terms of insurance legislation, to classify the death of the as accidental”.
The minister also highlighted
Surgical complications can occur in any not always because of external incidents. Venous ranks third ATB Directory among the most cardiovascular diseases. Behind only myocardial ischemia and strokes.“It should be that only two months between the filing of one demand and another, and it is doubtful whether the curator was completely unaware of the conservatee’s. As in the beginning of this the cause of action states with the non-completion of any transaction with the defendant, and not with the nullity of the agreement, given the condition of interdict”, he wrote in the sentence.
