A doctor and a nurse have been convicted by the Porto Court of Appeal for causing bodily harm through negligence after they were found responsible for prescribing and administering a penicillin-containing medication to a patient with a known allergy, who subsequently died. The Supreme Court of Justice upheld the conviction.
The doctor and nurse are required to pay compensation of 25,000 euros to the patient’s son and are also fined 900 euros.
This incident dates back to January 2015, when a 49-year-old man was involved in a car accident on Complementary Itinerary 5 in Vila Real. After undergoing surgery for multiple fractures at the local hospital, his medical records noted a penicillin allergy.
Two days later, he was transferred to the Local Health Unit of Matosinhos, closer to his residence, where he was already being treated with an appropriate antibiotic.
However, hours later, the attending physician, an orthopedic intern in his second year, failed to access the patient’s medical records or inquire about any allergies. He prescribed ‘amoxicillin with clavulanic acid,’ a penicillin derivative.
The nurse administered the medication without verifying the patient’s clinical information.
Approximately ten minutes later, the patient experienced respiratory distress, leading to cardiac arrest and, eventually, death.
Initially charged with negligent homicide in February 2024, the doctor and nurse were acquitted by the Matosinhos Court.
The public prosecutor and the patient’s son appealed to the Porto Court of Appeal. In March of this year, the court found the antibiotic administration directly caused the anaphylactic shock leading to the death.
Instead of a manslaughter conviction, the court imposed a charge of bodily harm through negligence, resulting in the fines and compensation payout.
The nurse appealed to the Supreme Court of Justice, arguing procedural improprieties and contesting the civil liability ruling.
The Supreme Court dismissed the appeal in a decision on September 17.
The report notes that a doctor at the Hospital of Vila Real confirmed during the trial that a discharge note included the patient’s penicillin allergy.
An autopsy revealed the patient had suffered a silent acute myocardial infarction four to twelve hours before death.
Symptoms of a penicillin allergic reaction can include itching, difficulty breathing, or, in severe cases, anaphylaxis.
