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The Fourth Chamber noted that there were “a series of deficiencies” in the comprehensive care provided by the authorities of the Costa Rican Social Security Fund (CCSS) in handling the case of a premature baby who died four days after birth at La Annexation Hospital, in Nicoya.
This was decided by the majority of the Constitutional Court judges when they announced the admissibility of the protection appeal filed by the little girl’s mother, Angie Herrera Guzmán, against the CCSS. Isabella del Milagro Gutierrez Herrera, Due to treatment received by a minor.
Herrera Guzmán explained that the girl was born prematurely on January 8 and that the authorities did not want to provide her with the necessary assistance, although it is not possible to know exactly how many weeks the baby is or her prognosis for survival.
He believes that the refusal to provide oxygen and other care to the minor violated her right to life and health and caused great suffering to her family.
Isabella del Milagro died at the Monseñor Sanabria hospital in Puntarenas on January 12. She was transferred to the hospital hours after her mother reported on social networks about the lack of care for her daughter.
In the resolution, the magistrate ordered the CCSS to develop relevant measures to address such situations and gave the institution’s board of directors one month to rule on a technical report on the medical care provided to the woman and her daughter at the Nicoya hospital.
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The baby, Isabella del Milagro Gutierrez Herrera, was transferred to the Puntarenas hospital after her mother reported a lack of care in Nicoya. Four days later, the little girl died. (China Social Security Association)
Additionally, they ordered the entity to pay for costs, damages and losses resulting from the incidents reported by the mother.
Judge Anamari Garro Vargas reserved the vote and ordered the appeal to proceed so that the president of the fund, Marta Eugenia Esquivel, can inform the court of the decision of the board of directors based on the report submitted by the panel.
Furthermore, he asked the leaders to elaborate on the institutional measures taken since the submission of the report in February last year.
The public complaint by Herrera Guzmán triggered an investigation within the CCSS. On the same day that she published a video on social networks showing her daughter’s condition, authorities referred the case to the prosecutor’s office and the College of Physicians.
In the video, the woman assures that La Anexión hospital refused to provide her with care due to the low survival rate of the baby, but 12 hours after birth she continues to move, breathe and even cry.
After the case became public, the baby was transferred to Puntarenas Hospital for neonatal care and placed in an incubator. However, he died four days later.
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