44. The appellant filed a writ of cassation, which was dismissed on October 20, 1999 by the
National Criminal Cassation Court. On November 2, 1999, a recourse of complaint was filed
against the rejected cassation, which was dismissed on March 30, 2000.
45. On May 8, 2000, an extraordinary federal appeal was filed that also sought recusal of “the
members of the Supreme Court of Justice […] for the purpose of establishing a high court with
members who do not have any authority over the MEDICAL EXAMINERS CORPS.”35 This appeal
was ruled inadmissible by the National Criminal Cassation Court on October 17, 2000 because it
questioned the assessment of evidence and because it failed to provide any grounds that would
prove arbitrariness.
B.4 Civil proceedings for damages. File 42,229/94
46. A civil suit was filed by Miguel Ángel Avaro, on May 31, 1994, against the physicians
responsible for the care of Cristina Brítez Arce; against the Sardá Hospital and against the
Government of the City of Buenos Aires for negligence, incompetence and carelessness.
47. On July 24, 2000, Dr. E.B. presented the ninth expert opinion in this case, as ordered by
the civil judge. The document stated that Ms. Brítez Arce was “38 years of age with a background
of high blood pressure prior to the pregnancy,” which are factors of risk for arterial hypertension.
The pregnancy of Ms. Brítez Arce could thus be considered as a high risk to develop arterial
hypertension. However, he added that “the treatment followed by the physicians not to perform
a Cesarean section and to induce labor for delivery was the adequate one in terms of form, place
and method.”36
48. On November 27, 2008, Dr. A.M.C., proposed by the claimant, submitted the 10th expert
opinion on the matter. Among his observations, he stated that “there was hypertension and an
important weight gain in the current pregnancy […] all of which tends to establish a condition of
PRE-ECLAMPSIA.” With respect to the ultrasound scan of May 19, 1992, he indicated that “on the
basis of the gestation period, she was 39 weeks pregnant, but it was mistakenly reported that
she was at 36 weeks […]. This placenta concerns a pregnancy carried to full term with possible
signs of ageing. This points to admitting Ms. Brítez Arce to the hospital and conducting routine
lab tests, examining fetal maturity, blood cholesterol levels, ocular fundus, (to detect infarcts in
the retina and partial detachments in the retina), measuring blood pressure twice a day,
monitoring urine, etc. […]. Admittance to the hospital is not an indication of an enlightened person
but rather the result of observation and experience that are clearly manifest.”37 The expert also
pointed out that Ms. Brítez Arce was not prescribed any kind of diet, which indicated a failure to
provide preventive measures.
49. On November 25, 2009, a lower court rejected the claim because, among other reasons, it
was not possible to determine conclusively the cause of the death of Ms. Brítez Arce, since an
autopsy was not performed immediately after her death and because the criminal judge could
not make a connection between the event in question and the acts of the accused physicians.
50. On February 7, 2012, the Civil Appeals Court confirmed the dismissal of the complaint. On
May 8, 2012, it rejected the extraordinary appeal against that decision.
35
Special Federal Appeal of May 8, 2000, filed by René Federico Garrís (evidence file, f. 353).
36
Expert opinion of Dr. E.B. of July 24, 2000 (evidence file, f. 365).
Expert opinion of Dr. E.B. of July 24, 2000. Expert opinion of Dr. A.M.C. of November 27, 2008 (evidence
file, f. 375).
37
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