Justice condemns doctor and clinic to compensate woman after error in identifying baby's sex
A court in Cubatão, Brazil, ordered a doctor and an imaging clinic to pay a woman R$ 16,400 for mistakenly identifying her baby's sex during an ultrasound.
A court in Cubatão, São Paulo, has ordered a doctor and an imaging clinic to compensate a mother R$ 16,400 following a significant error during a prenatal ultrasound. The ultrasound mistakenly indicated that the baby was female, leading the family to prepare for a girl, including a gender reveal party. However, the actual sex of the baby was discovered only during birth, revealing the child to be male.
Judge Sergio Castresi de Souza Castro of the 4th Civil Court of Cubatão awarded R$ 6,400 for material damages and R$ 10,000 for moral damages in a ruling that emphasizes the perceived negligence on the part of the medical professionals involved. The judgement reflects the importance of accuracy in prenatal diagnoses, as errors in such vital information can have profound emotional and financial implications for families.
The decision published in February 2024 allows for an appeal from the medical staff or the clinic, indicating that the case may not yet be concluded. This ruling resonates with issues concerning medical malpractice and the responsibilities of healthcare providers, potentially setting a precedent for similar cases in Brazil concerning misdiagnosis and the resultant emotional distress caused to patients and families.