The case is so complex that it took a marathon of a procedural of eight years for Jean-Pierre, a doctor at the hospital Purpan in Toulouse, france, to be finally judged. The trial is not yet audiencé – the Court of cassation confirmed the dismissal of the doctor before the tribunal correctionnel, but it is likely to take place in early 2019. This is the story of a call to the rescue not taken seriously enough, which had led to the death of Didier on the night of April 9, 2010. And that says a lot about the dysfunctions that affect our services of urgent medical assistance (Samu)…
This April 9, 2010, so, Stephanie, the wife of Didier, composed the 15, clearly very worried. She explains that her husband was very ill at the chest, sweats profusely and looks suddenly very tired. The man seems to have trouble breathing. “It can not open the hand,” explains Stephanie. Before continuing : “He has lost the ball. “Didier is not able to hold a conversation and can’t pick up the phone. On the recording of the conversation, we hear his groans and her cries of pain.
An examination too incomplete ?
The patient took the Gaviscon – a gel against gastric reflux – which has not been relieved. But Jean-Pierre, one of the physicians experienced participating this evening, to the regulation of the permanence of the care of the Ambulance service 31, and that has been working since 2008, does not seem to be alarmed beyond measure. His interrogation is straightforward. “Incomplete “, later said the justice. It does that a few standard questions : Have you drunk alcohol ? Are you vomiting ? Diarrhea ? Do you have fever ? What are your medical history ? etc
No question is asked on the location of the pain, its intensity, its movement. Eight years later, the supreme Court noted : “No test is proposed to validate or invalidate the hypothesis of an acute coronary syndrome ; advice are to stay lying down to avoid the malaise vagal and Omeprazole (an inhibitor of the proton pump, reducing the acid secretion of the stomach) so that two similar drugs have already been tempted. “
“He had to eat spices”
if In doubt, Jean-Pierre made all the same call for a practitioner of SOS Doctor to go with Didier for a visit home. But no emergency is not mentioned on the phone, Jean-Pierre simply speak of ” violent epigastric pain with respiratory discomfort “. “There is an outbreak of a stomach ache this evening. He had to eat spices, ” adds the doctor. Didier died in the evening of a myocardial infarction. A few days later, Stéphanie, his wife, brings a complaint against the Ambulance service, Purpan hospital of Toulouse and the two doctors.
This is the beginning of a long marathon of a procedural. But, to the surprise of the family, the investigating judge seized of the case shall make a non-place general. The magistrate considers that the offence of failure to rescue is not established, since it is not proven that the physicians were ” aware of the serious nature of the danger which was faced Didier. To be clear : Cepbahis the diagnosis of Jean-Pierre was possibly wrong and incomplete, but there is nothing to indicate that he voluntarily shortened his interrogation to avoid bring relief to Didier.
Didier, age 51, was smoking
The family appealed and the examining chamber of the court of appeal of Toulouse, the September 11, 2018, decides, she, to refer to the only Jean-Pierre in front of the correctional court. Based on analyses of two teachers and video recordings, she felt that the doctor could not “be mistaken” on the risk which was exposed to Didier. The experts called upon by the judges are indeed severe. “At no time, the original coronary or aortic pain has not been raised,” notes one.
” In regard to taking charge in emergency of a patient, it is not a question of make a diagnosis call accurate, but suspect a serious prognosis that could put into play the vital prognosis of the patient ; that in the instant case, at the age of 51 years, in the context of a smoking is brought to the attention of the stakeholders, the symptoms bahis siteleri of Didier should be considered until proof to the contrary, as manifestations of painful pseudo-digestive-associated manifestations vagal myocardial infarction. “
” A high degree of requirement “, according to the Samu Toulouse
Contacted, Me Richard, the lawyer of Jean-Pierre before the Court of cassation, argued that the Court had not invalidated the reasoning of his client and that she had been content to refer the matter back to the hearing to be decided on the merits. The university hospital of Toulouse, himself, wishes to emphasize that it has ” actively been engaged in the investigation and forwarded the medical records as well as the recording tapes of the Samu “, which the professionals provide every day to their public-service mission of support for medical emergencies with a high degree of requirement “.
The Uas 31 says he has ” put in place a quality approach based especially on the replay of the tapes to assess the responses “. And ensures process each year 500 000 phone calls. According to the list of the Samu of France drawn up by The Point , in terms of their “average rate of calls dropouts” (which thus does not take into account the quality of the responses), Toulouse is around 88,27 % to 7,72 calls per hour, which puts it in the soft belly of our ranking.
Read also EXCLUSIVE. Classification of Uas : when the 15 is not responding
The case echoes the case of Naomi Musenga, a local single mother of 22 years passed away in December 2017 after his call to the Uas had been treated with contempt by a regulation of the Uas. The record of his conversation, made public, had aroused a wave of indignation. A judicial information was opened.
