B.4) Official medical expert witness’ reports on Sebastián Furlan
94.
On May 18, 1998 the official medical expert witness specializing in neurology, Dr.
Juan Carlos Brodsky, requested that Sebastián Furlan undergo a series of medical tests,
including an MRI.166 On October 6, 1998 the requested medical tests were performed; 167
however, regarding the MRI, after several efforts to obtain an appointment for this test, 168 it
was finally programmed for January 11, 2000.169
95.
On December 10, 1998 Sebastián Furlan's attorney requested that the psychiatric
expert be notified, with a warning of removal.170 On December 11, 1998 the court ordered
this expert witness to report within three days on the status of his assessment.171 The
medical psychologist expert witness presented his report, 172 which was forwarded to the
parties by order of the judge on March 5, 1999.173 The expert report concluded that
Sebastián Furlan had a “grade II organic post-traumatic mental disorder, with a 20%
disability and an abnormal neurosis with grade IV obsessive compulsive manifestation [...]
[and] a 40% disability.” He recommended psychotherapeutic treatment, including three
weekly individual and group sessions at an estimated cost of thirty pesos per session “for
the time necessary to obtain an improvement, estimated at no less [than] two years.”174
Subsequently, the applicant's attorney requested two clarifications regarding the expert
report by medical psychologist Luis Garzoni,175 which was forwarded to the parties by a
166
Cf. Brief of medical expert witness Juan Carlos Brodsky, pages 360 and 366).
167
Cf. Brief issued by the deputy medical director of the Hospital General de Agudos Donación Santojanni
August 20, 1998 (file of appendices to the report, volume I, appendix 6, page 369).
168
Cf. inter alia brief of Sebastián Furlan’s attorney of December 4, 1998, stating that “the nuclear MRI can
not be performed as [the hospital Santojanni] does not have this equipment” (file of appendices to the report,
volume I, appendix 6, page 403); order to issue a communication to the Hospital Argerich submitted by the Federal
Judge of First Instance on December 4, 1998 (file of appendices to the report, volume I, appendix 6, page 405);
communication of February 5, 1999 (file of appendices to the report, volume I, appendix 6, page 410);
communication of the head of the Legal Administrative Department of the Health Secretariat of March 2, 1999 (file
of appendices to the report, volume I, appendix 6, page 438); communication of the General Health Care
Directorate of the Government of the City of Buenos Aires of March 19, 1999 (file of appendices to the report,
volume I, appendix 6, page 441), communication of the General Health Care Directorate of the Government of the
City of Buenos Aires of May 19, 1999 (file of appendices to the report, volume I, appendix 6, page 445) and
communication of the head of the Legal Administrative Department of the Health Ministry of February 8, 2000 (file
of appendices to the report, volume I, appendix 6, page 466).
169
Cf. Communication of the Hospital General de Agudos Cosme Argerich of September 25, 1999 (file of
appendices to the report, volume I, appendix 6, page 448).
170
Cf. Brief of Sebastián Furlan’s attorney of December 10, 1998 (file of appendices to the report, volume I,
appendix 6, page 406).
171
Cf. Brief of secretary 18 of the National Civil and Federal Commercial Court No.9 of December 11, 1998
(file of appendices to the report, volume I, appendix 6, page 407).
172
to 431).
Cf. Expert opinion of Doctor Luis Garzoni (file of appendices to the report, volume I, appendix 6, page 424
173
Cf. Brief of the Federal Judge of First Instance of March 5, 1999 (file of appendices to the report, volume I,
appendix 6, page 432).
174
Cf. Expert opinion of Doctor Luis Garzoni, page 431.
175
Cf. Brief of Sebastián Furlan’s attorney (file of appendices to the report, volume I, appendix 6, page 435).
32
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